Schecter+Poultry+Corporation+vs.+United+States+(1971)

Schechter Poultry Corporation vs. United States(1935)

What are the main facts?
General Facts: (1) purposes (2) definitions (3) hours (4) wages (5) general labor provisions (6) administrations (7) trade practice (8) general
 * endangered peoples rights of life liberty and property
 * declared the New Deal unconstitutional
 * regulated weekly employment, hours, wages, and minimum age of workers
 * occurred during the Great Depression
 * NIRA (National Industrial Recovery Act) has eight articles entitled



Photo Caption: "In 1935, the Supreme Court abolished the National Industrial Recovery Act <span style="font-family: Georgia,serif;">(NIRA), a cornerstone of the New Deal. The NRA was the major part in the National Industrial Recovery Act (June 1933), which authorized the president to issue industry-wide <span style="font-family: Georgia,serif;">codes intended to eliminate unfair trade practices, reduce unemployment, establish <span class="ilad1" style="font-family: georgia,serif;">minimum wages <span style="font-family: Georgia,serif;"> and maximum hours, and guarantee the right of labor to bargain <span style="font-family: Georgia,serif;">collectively. The Court said, by a unanimous vote, that Congress had given the president and industries too much legislative power. It also found that NIRA’s “codes of fair <span style="font-family: Georgia,serif;">practice” went beyond the regulation of interstate commerce in attempting to control intrastate activity. However, the National Labor Relations Act (1935), act passed after NIRA, proved acceptable to <span class="ilad1" style="font-family: georgia,serif;">the court <span style="font-family: Georgia,serif;">."



‍What Federal/State law, provion or policy is involved?
<span style="font-family: Georgia,serif;">The National Industrial Recovery Act, which authorized the president to issue industry-wide codes intended to eliminate unfair trade practices, reduce unemployment, establish <span class="ilad1" style="font-family: georgia,serif;">minimum wages <span style="font-family: Georgia,serif;"> and maximum hours, and guarantee the right of labor to bargain collectively.

==‍<span style="font-family: Georgia,serif;">‍‍What section(s) or amendment(s) to the Constitution are involved? == <span style="font-family: Georgia,serif;">Article One of the Constitustion and the tenth and fifth amendment were violated in this court case. The First article states that there is a seperation of powers and the <span style="font-family: Georgia,serif;">legislative branch is the section of government which created laws then the president approves or vetos laws. President Roosevelt and his team in the execuative branch worked <span style="font-family: Georgia,serif;">together to create the New Deal and creating a set of laws to regulate buissness wage, hours, general labor provisions, and administaraion. The fifth admentment states that all <span style="font-family: Georgia,serif;">people have the right of life liberty and property. The owners of Schechter Poultry Corp was not paying his workers a fair amount of money for the amount of hours they were <span style="font-family: Georgia,serif;">working. In the middle of the Great Depression, companies depriving people fair amounts of money was a very big deal bevause they were deprived everything life had to offer. <span style="font-family: Georgia,serif;">With no money people could not buy food for their starving families.



‍What specific language from #3 applies to your case?<span style="font-family: Georgia,serif;">Article one of the US Constitution was violated when President Roosevelt created the New Deal. Article one states that all legislative power to be vested in the congress <span style="font-family: Georgia,serif;">meaning that the executive branch does not have to power to create and pass laws. The legislative branch has to come up with the laws and then the executive branch can <span style="font-family: Georgia,serif;">either pass or veto laws. This action by the President was deemed unconstitutional because of separation of powers.

==‍<span style="font-family: Georgia,serif;">‍‍What is the issue(s) in this case? Whether or not... == <span style="font-family: Georgia,serif;">The main issues in this case was the rights of the workers and them receive no pay during the Great Depression. Another issue was the way in which the Schechter company inspected the chickens to see if they were good enough for the public to eat, in this process they sold "sick chickens" that where unfitted to eat for the american public.

==‍<span style="font-family: Georgia,serif;">‍‍What precedent case(s) support your side? == <span style="font-family: Georgia,serif;">"In 1886, for example, the court killed an act of the illinois legislature seeking to prohibit discriminatory railroad rates, congress almost immediately passed the Interstate Commerce Act, thus definitely bringing common carriers under national control. This control has been since extended to include regulation not only of interstate but of intra-state rates as well." (C.B and Q vs. Wise)



‍What did the Supreme Court decide?
<span style="font-family: Georgia,serif;">That is was unconstitutional to hold workers under conditions not suted to the rights and not give them pay. Also the Schechter company was also charged with not inspecting the chickens that was prosseced in the factory.





‍Why did the Supreme court decide as it did?
<span style="font-family: Georgia,serif;">The supreme court ruled in favor of Congress this was decided because the company violated the 10th and 5th amendment. The 10th amendenment states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." and <span style="font-family: Georgia,serif;">The 5th amendment states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."