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The year 1937 was a major turning point in the history of the Supreme Court. Two years before, it had rebuffed efforts to resuscitate a severely depressed economy by limiting the government's power to act under the Commerce Clause of the Constitution (Schecbter Poultry Corp. v. U.S.) and, again, the following year, by restricting its power to tax for purposes other than for raising revenue (U.S. v. Butler). In each instance the Court's majority had acted on the basis of a legal doctrine that, despite its long history, had already shown signs of strain. For many years beforehand the courts had focused judicial review almost entirely upon questions relating to the kind and source of power the government was permitted to exercise to the exclusion of any consideration of the purposes or the results of the government's use of such power. This highly...
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This section contains 352 words (approx. 2 pages at 300 words per page) |
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