The defining legal history of a landmark decision by the US Supreme Court that gutted a key piece of FDR's New Deal.
On May 25, 1935, in the midst of the Great Depression, the US Supreme Court handed down a series of decisions that dealt mortal blows to New Deal legislation and presidential initiatives--a day known to New Dealers as Black Monday. The most significant of these decisions was A.L.A. Schechter Poultry v. U.S., which members of the press promptly labeled the sick chicken case. In this decision, the Court declared the National Industrial Recovery Act unconstitutional, thus abolishing the National Recovery Administration and the hundreds of codes it had enacted. President Franklin D. Roosevelt denounced the Court's action, which started him down the road to his ill-fated plan to pack the Court in 1937.
As Williamjames Hull Hoffer shows, however, the sick chicken case is about much more than a single piece of New Deal legislation. It is a window into American society during the Great Depression and the New Deal--a 1930s America before World War II and the Cold War, the age of radio and movie palaces, and a time of experimentation with government that some likened to fascism or communism, or maybe both. More than a landmark law case that threatened the New Deal, but ultimately did not, Schechter Poultry is not just about a sick chicken; it is about a sick nation trying to heal itself.
The defining legal history of a landmark decision by the US Supreme Court that gutted a key piece of FDR's New Deal.
On May 25, 1935, in the midst of the Great Depression, the US Supreme Court handed down a series of decisions that dealt mortal blows to New Deal legislation and presidential initiatives--a day known to New Dealers as Black Monday. The most significant of these decisions was A.L.A. Schechter Poultry v. U.S., which members of the press promptly labeled the sick chicken case. In this decision, the Court declared the National Industrial Recovery Act unconstitutional, thus abolishing the National Recovery Administration and the hundreds of codes it had enacted. President Franklin D. Roosevelt denounced the Court's action, which started him down the road to his ill-fated plan to pack the Court in 1937.
As Williamjames Hull Hoffer shows, however, the sick chicken case is about much more than a single piece of New Deal legislation. It is a window into American society during the Great Depression and the New Deal--a 1930s America before World War II and the Cold War, the age of radio and movie palaces, and a time of experimentation with government that some likened to fascism or communism, or maybe both. More than a landmark law case that threatened the New Deal, but ultimately did not, Schechter Poultry is not just about a sick chicken; it is about a sick nation trying to heal itself.
A signal, violent event in the history of the United States Congress, the caning of Charles Sumner on the Senate floor embodied the complex North-South cultural divide of the mid-nineteenth century. Williamjames Hull Hoffer's vivid account of the brutal act demonstrates just how far the sections had drifted apart and explains why the coming war was so difficult to avoid.
Sumner, a noted abolitionist and gifted speaker, was seated at his Senate desk on May 22, 1856, when Democratic Congressman Preston S. Brooks approached, pulled out a gutta-percha walking stick, and struck him on the head. Brooks continued to beat the stunned Sumner, forcing him to the ground and repeatedly striking him even as the cane shattered. He then pursued the bloodied, staggering Republican senator up the Senate aisle until Sumner collapsed at the feet of Congressman Edwin B. Morgan. Colleagues of the two intervened only after Brooks appeared intent on beating the unconscious Sumner severely--and, perhaps, to death.
Sumner's crime? Speaking passionately about the evils of slavery, which dishonored both the South and Brooks's relative, Senator Andrew P. Butler. Celebrated in the South for the act, Brooks was fined only three hundred dollars, dying a year later of a throat infection. Sumner recovered and served out a distinguished Senate career until his death in 1873.
Hoffer's narrative recounts the caning and its aftermath, explores the depths of the differences between free and slave states in 1856, and explains the workings of the Southern honor culture as opposed to Yankee idealism. Hoffer helps us understand why Brooks would take such great offense at a political speech and why he chose a cane--instead of dueling with pistols or swords--to meet his obligation under the South's prevailing code of honor. He discusses why the courts meted out a comparatively light sentence. He addresses the importance of the event in the national crisis and shows why such actions are not quite as alien to today's politics as they might at first seem.
How did the federal government change from the weak apparatus of the antebellum period to the large, administrative state of the Progressive Era? To Enlarge the Machinery of Government explores the daily proceedings of the U.S. House and Senate from 1858 to 1891 to find answers to this question.
Through close readings of debates centered around sponsorship, supervision, and standardization recorded in the Congressional Globe and Congressional Record during this period, Williamjames Hull Hoffer traces a critical shift in ideas that ultimately ushered in Progressive legislation: the willingness of American citizens to allow, and in fact ask for, federal intervention in their daily lives. He describes this era of congressional thought as a second state, distinct from both the minimalist approaches that came before and the Progressive state building that developed later. The second state era, Hoffer contends, offers valuable insight into how conceptions of American uniqueness contributed to the shape of the federal government.