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1930's_F_-_End - 1 Supreme Court Actions(1935-1936 F The...

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3/3/09 1 F. The New Deal Comes Under Attack 1. Supreme Court Actions (1935-1936) In 1935 the Supreme Court started to strike down several New Deal Acts a. NIRA Declared Unconstitutional NIRA declared unconstitutional with the case Schechter Poultry Corp v. United States (1935) • The Schechter case specifically struck down the NRA based on the commerce clause of the Constitution saying that it was regulating intrastate commerce and the Federal gov’t can’t do that To make up for the loss of the NIRA (including the NRA & PWA)… Congress passed… 1. National Labor Relations Act (NLRA) or Wagner Act Called the Wagner Act after its leading advocate NY Senator Robert Wagner Supported the right of workers to organize unions and engage in collective bargaining with employers Employers can’t discriminate against the union members or engage in blacklisting *** The Federal Gov’t is finally supporting unions not management!
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3/3/09 2 2. National Labor Relations Board (NLRB) Used to enforce the NLRA Hears testimony of unfair business practices They have heard over 900,000 unfair labor practices since 1935 with about 40,000 annually now! 3. Fair Labor Standards Act Banned child labor Set rules for the employment of workers under 16 and banned hazardous factory work for those under 18 National minimum wage National maximum work week (40-44 hours) 2. AAA Declared Unconstitutional 1936 - Supreme Court ruled that the tax that funded AAA subsidies to farmers was unconstitutional Congress was regulating through a tax, which they cannot do G. Criticism Towards the New Deal The New Deal did not provide benefits to all people 1. Minorities a. Women Many aspects of the New Deal legislation put women at a disadvantage – NRA codes permitted lower wages for women’s work – In relief and job programs, men and boys received strong preference – Jobs went to male “heads of families” unless the men were unable to work – No New Deal provision protected domestic service, the largest female occupation
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3/3/09 3 b. African Americans Great Depression hit blacks especially hard By 1933, more than 50% of urban blacks were unemployed Often the last hired and first fired, they had experienced the highest unemployment rates of any group during the Depression Hard times sharpened racial prejudice… “No jobs for blacks until every white man has a job.” NRA codes permitted lower wage scales for blacks NRA… “Negro Robbed Again” AAA led to the eviction of thousands of black tenants and sharecroppers Blacks were not given jobs at professional levels like the whites - kept out of skilled jobs Received lower pay than whites for the same work Neither the minimum wage nor Social Security covered those working as farmers or domestic servants… which was about 65% of blacks Lynchings increased… bills to make lynching a federal crime fell in defeat… even FDR couldn’t “afford” to support this
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