Judicial Review
On 27 May 1935, in the court case of Schechter Poultry Corp. v. United States, the Supreme Court held the mandatory codes section of NIRA unconstitutional, because it attempted to regulate commerce that was not interstate in character, and that the codes represented an unacceptable delegation of power from the legislature to the executive. Chief Justice Charles Evans Hughes wrote for a unanimous Court in invalidating the industrial "codes of fair competition" which the NIRA enabled the President to issue. The Court held that the codes violated the United States Constitution's separation of powers as an impermissible delegation of legislative power to the executive branch. The Court also held that the NIRA provisions were in excess of congressional power under the Commerce Clause.
The Court distinguished between direct effects on interstate commerce, which Congress could lawfully regulate, and indirect, which were purely matters of state law. Though the raising and sale of poultry was an interstate industry, the Court found that the "stream of interstate commerce" had stopped in this case: Schechter's slaughterhouses bought chickens only from intrastate wholesalers and sold to intrastate buyers. Any interstate effect of Schechter was indirect, and therefore beyond federal reach.
Specifically, the Court invalidated regulations of the poultry industry promulgated under the authority of the National Industrial Recovery Act of 1933, including price and wage fixing, as well as requirements regarding a whole shipment of chickens, including unhealthy ones, which has led to the case becoming known as "the sick chicken case." The ruling was one of a series which overturned some New Deal legislation between January 1935 and January 1936, and which ultimately caused Roosevelt to attempt to pack the Court with judges that were in favor of the New Deal.
Subsequent to the decision, the remainder of Title I was extended until April 1, 1936, by joint resolution of Congress (49 Stat. 375), June 14, 1935, and NRA was reorganized by E.O. 7075, June 15, 1935, to facilitate its new role as a promoter of industrial cooperation and to enable it to produce a series of economic studies, which the National Recovery Review Board was already doing. Many of the labor provisions reappeared in the Wagner Act of 1935.
Read more about this topic: National Recovery Administration
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