Labor, the Courts, and Section 7(A)

1934 ◽  
Vol 28 (6) ◽  
pp. 999-1015
Author(s):  
Alpheus T. Mason

Any economic system, whether systematic or not, involves a particular set of relationships between men and things and between men and men, and so needs the support of a corresponding legal and political system. One naturally expects political and legal change to follow social and economic revolutions. Perhaps that is the New Deal—a political and legal revolution to meet the demands of a new economic era. But whatever the situation may require to the mind of the Executive and Congress, there remains the question whether any particular legislative project is allowable under the Constitution. For our government, this matter of bringing law into conformity with economics meets with peculiar difficulties. It is not enough to secure rights by legislative enactment. Such guarantees must run the gauntlet first of administrative interpretation and ultimately of the courts. If one may judge from newspaper headlines, there is no surer way to bring our rights into controversy than to embody them in a statute.

Federalism-E ◽  
1969 ◽  
Vol 6 (1) ◽  
Author(s):  
David Houle

This article analyses the principles of the American system of ‘checks and balances’ during the period of economic and social turmoil under the presidency of Franklin D Roosevelt – creator of the New Deal policy. The author describes the fundamental principles of the American system of ‘checks and balances,’ while commenting on historical context and the American political system in general. Finally, the author concludes with the suggestion that the federal executive capitalized on the Great Depression by increasing its power over the United State’s administration.


Author(s):  
Eric Schickler

This introductory chapter provides a background of the civil rights realignment. The conventional account treats the civil rights realignment as the disruption of one stable partisan alignment and its replacement by another alignment in which race played a defining role. The critical decisions driving this process occurred in the 1960s as national party elites grappled with the question of how to respond to pressure from civil rights activists. The choices made at the center then reverberated throughout the political system, gradually remaking both parties at the mass and middle levels. In contrast, this book argues that the partisan realignment on civil rights was rooted in changes in the New Deal coalition that emerged in the mid- to late 1930s, not the 1960s. Rather than realignment starting in Washington and diffusing out and down, state parties and locally oriented rank- and-file members of Congress provided a key mechanism for pro-civil rights forces to capture the Democratic Party from below.


2019 ◽  
pp. 124-149
Author(s):  
Sarah L. Quinn

This chapter assesses the expansion of credit programs in the New Deal, showing that it was the key moment when credit support came fully into its role as a multipurpose tool of statecraft. The New Deal credit programs mattered because they helped a fractured political system continue to function. Their appeal rested in how credit programs circumvented the nation's deepest, most intractable fissures. Credit programs allowed government officials to promote specific markets without meeting the various demands of central planning. They could be justified on many grounds and framed as consistent with free-market ideals. Equally important, they could be removed from the budget. The latter characteristic did not please the most stalwart of fiscal conservatives, but it did create more options for maneuvering around them. The chapter then considers how the Reconstruction Finance Corporation—the financial giant that funded much of the New Deal—and the housing programs served as the institutional centers for the development of U.S. credit policy.


2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.


2019 ◽  
Vol 35 (2) ◽  
pp. 231-254
Author(s):  
Andreu Espasa

De forma un tanto paradójica, a finales de los años treinta, las relaciones entre México y Estados Unidos sufrieron uno de los momentos de máxima tensión, para pasar, a continuación, a experimentar una notable mejoría, alcanzando el cénit en la alianza política y militar sellada durante la Segunda Guerra Mundial. El episodio catalizador de la tensión y posterior reconciliación fue, sin duda, el conflicto diplomático planteado tras la nacionalización petrolera de 1938. De entre los factores que propiciaron la solución pacífica y negociada al conflicto petrolero, el presente artículo se centra en analizar dos fenómenos del momento. En primer lugar, siguiendo un orden de relevancia, se examina el papel que tuvo la Guerra Civil Española. Aunque las posturas de ambos gobiernos ante el conflicto español fueron sustancialmente distintas, las interpretaciones y las lecciones sobre sus posibles consecuencias permitieron un mayor entendimiento entre los dos países vecinos. En segundo lugar, también se analizarán las afinidades ideológicas entre el New Deal y el cardenismo en el contexto de la crisis mundial económica y política de los años treinta, con el fin de entender su papel lubricante en las relaciones bilaterales de la época. Somewhat paradoxically, at the end of the 1930s, the relationship between Mexico and the United States experienced one of its tensest moments, after which it dramatically improved, reaching its zenith in the political and military alliance cemented during World War II. The catalyst for this tension and subsequent reconciliation was, without doubt, the diplomatic conflict that arose after the oil nationalization of 1938. Of the various factors that led to a peaceful negotiated solution to the oil conflict, this article focuses on analyzing two phenomena. Firstly—in order of importance—this article examines the role that the Spanish Civil War played. Although the positions of both governments in relation to the Spanish war were significantly different, the interpretations and lessons concerning potential consequences enabled a greater understanding between the two neighboring countries. Secondly, this article also analyzes the ideological affinities between the New Deal and Cardenismo in the context of the global economic and political crisis of the thirties, seeking to understand their role in facilitating bilateral relations during that period.


Author(s):  
Nancy Woloch

This chapter traces the changes in federal and state protective policies from the New Deal through the 1950s. In contrast to the setbacks of the 1920s, the New Deal revived the prospects of protective laws and of their proponents. The victory of the minimum wage for women workers in federal court in 1937 and the passage in 1938 of the Fair Labor Standards Act (FLSA), which extended labor standards to men, represented a peak of protectionist achievement. This achievement rested firmly on the precedent of single-sex labor laws for which social feminists—led by the NCL—had long campaigned. However, “equal rights” gained momentum in the postwar years, 1945–60. By the start of the 1960s, single-sex protective laws had resumed their role as a focus of contention in the women's movement.


Author(s):  
Landon R. Y. Storrs

The loyalty investigations triggered by the Red Scare of the 1940s and 1950s marginalized many talented women and men who had entered government service during the Great Depression seeking to promote social democracy as a means to economic reform. Their influence over New Deal policymaking and their alliances with progressive labor and consumer movements elicited a powerful reaction from conservatives, who accused them of being subversives. This book draws on newly declassified records of the federal employee loyalty program—created in response to fears that Communists were infiltrating the U.S. government—to reveal how disloyalty charges were used to silence these New Dealers and discredit their policies. Because loyalty investigators rarely distinguished between Communists and other leftists, many noncommunist leftists were forced to leave government or deny their political views. This book finds that loyalty defendants were more numerous at higher ranks of the civil service than previously thought, and that many were women, or men with accomplished leftist wives. Uncovering a forceful left-feminist presence in the New Deal, the book shows how opponents on the Right exploited popular hostility to powerful women and their “effeminate” spouses. The loyalty program not only destroyed many promising careers, it prohibited discussion of social democratic policy ideas in government circles, narrowing the scope of political discourse to this day. This book demonstrates how the Second Red Scare undermined the reform potential of the New Deal and crippled the American welfare state.


Author(s):  
Amy C. Offner

In the years after 1945, a flood of U.S. advisors swept into Latin America with dreams of building a new economic order and lifting the Third World out of poverty. These businessmen, economists, community workers, and architects went south with the gospel of the New Deal on their lips, but Latin American realities soon revealed unexpected possibilities within the New Deal itself. In Colombia, Latin Americans and U.S. advisors ended up decentralizing the state, privatizing public functions, and launching austere social welfare programs. By the 1960s, they had remade the country's housing projects, river valleys, and universities. They had also generated new lessons for the United States itself. When the Johnson administration launched the War on Poverty, U.S. social movements, business associations, and government agencies all promised to repatriate the lessons of development, and they did so by multiplying the uses of austerity and for-profit contracting within their own welfare state. A decade later, ascendant right-wing movements seeking to dismantle the midcentury state did not need to reach for entirely new ideas: they redeployed policies already at hand. This book brings readers to Colombia and back, showing the entanglement of American societies and the contradictory promises of midcentury statebuilding. The untold story of how the road from the New Deal to the Great Society ran through Latin America, the book also offers a surprising new account of the origins of neoliberalism.


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