CONSTITUTIONAL LAW - NATIONAL INDUSTRIAL RECOVERY ACT

Authors

Abstract

Defendants conducted wholesale poultry slaughterhouse markets. They had been convicted in a District Court of violating the following provisions of the "Live Poultry Code," promulgated under Section 3 of the National Industrial Recovery Act: (1) Minimum wages; (2) Maximum hours; (3) Requirement of "straight killing"; (4) Requirement of compliance with the inspection ordinances of the City of New York; (5) Requirement of filing of true reports of volume of business, etc., to the Code Authority; (6) Requirement of sale to dealers licensed by the City of New York. On a writ of certiorari to the Supreme Court of the United States, defendants contended that the code under which they had been convicted violated provisions in the Constitution of the United States. Held, the code provisions in question were invalid because: (1) They were part of an attempted delegation of legislative power; (2) They were attempts at regulation of intrastate commerce. Conviction reversed. Joseph Schechter v. United States, (U. S. Sup. Ct.) 2 U. S. LAW WEEK, index p. 926 (May 28, 1935).

Recommended Citation

CONSTITUTIONAL LAW - NATIONAL INDUSTRIAL RECOVERY ACT, 33 Mich. L. Rev. 1254 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/15