=> A body to regulate railway rates (prices charged esp. for carrying goods)
=> A model for many later agencies (the ICC itself no longer exists; it was dissolved in 1996)
created by the Act to Regulate Commerce (1887)
5 Commissioners, nominated by President and confirmed by Senate (No more than three commissioners from one political party)
Very large salaries (more than most federal judges)
Broad powers to investigate, hear complaints, subpoena witnesses and documents, issue orders and litigate
Staggered terms of six terms (so one President does not get to name all/most of the commissioners suddenly)
= a package of liberal reforms that Johnson meant to realize the unfulfilled ambition of the New Deal.
A concept that leaves everything to the free play of supply and demand => pure form of economic liberalism (libertarianism)
Case
New York implemented a system to regulate bakeries
regulations were for safety and health: e.g. limiting working hours (maximum 60 hours per week; maximum 10 hours per day) and that bakers should not sleep where they work => this had long been demanded by unions
implementation was more difficult for small bakeries
Lochner is a German owner of a small bakery: saw the regulation as an unconstitutional infringement of his freedom and property rights
Decision
SC agreed and followed the Jacksonian rejection of “class legislation”
government policy power does not give authority to redistribute resources just because they don't like the current distribution
working more than 60 hours does not lead to worse bread or unhealthier bakers
there are indeed workers to be protected => no possibility to negotiate wages; who are under duress; who are unable to conclude contracts due to lack of capacity (this did not apply to the bakers)
was different for the miners and seamen: were under duress, which is why they accepted the terms of the contract
Protecting liberty of contract i.e. should be up to workers to decide how long they want to work
Herbert Hoover
traditional, conservative
limited federal responce
wanted to maintain certain standards in times of the Great Depression
Franklin D. Roosevelt
much more federal activity and policy experimentation
sudden change of jurisdiction by Justice Owen Roberts in West Coast Hotel Co. v. Parrish (minimum wage law)
Roberts decided to uphold Washington State's minimum wage law.
This decision came less than two months after President Franklin D. Roosevelt announced his court reform bill (court-packing)
=> strategic move to protect the integrity and independence of the court from political pressure
Presidential vs. Parliamentary system
parliamentary system: the legislature has no reason to impose rules on ‘its’ executive – the parliamentary majority controls government
presidential system: not the case, so legislature has more of reason to pass constraints
=> Congress is reasserting some control over the New Deal executive power
Last changed2 months ago