Up until the new deal Constitutional limitations were strictly enforced upon congress. However Roosevelt grew angry when told that he did not have the authority to enact all these government regulations and interventions into the private sector.
His response was to replace these aging constructionist Supreme court judges with ardent NEW DEAL supporters and the rest like they say is history.
No longer was it necessary to actually write legislation that had to be voted upon and approved through the regular democratic process, now all that needed to be done was for the Supreme court to legislate the Presidents objectives from the bench. And then congress would have to enact law accordingly. AFTER ALL who could argue with the SUPREME COURT?
Does any of this sound familiar?
Although the constitution strictly limited governmental powers Roosevelt found a way around the constitution. Lawlessness always finds a way to circumvent the law to justify their lawlessness.
Until the 1930s, the Constitution served as a major constraint on federal economic interventionism. The government’s powers
were understood to be just as the framers intended: few and explicitly enumerated in our founding document and its amendments.
Search the Constitution as long as you like, and you will find no specific authority conveyed for the government to spend
money on global-warming research, urban mass transit, food stamps, unemployment insurance, Medicaid, or countless other items
in the stimulus package and, even without it, in the regular federal budget.
|This Constitutional constraint still operated as late as the 1930s, when federal courts issued some 1,600 injunctions to restrain
officials from carrying out acts of Congress, and the Supreme Court overturned the New Deal’s centerpieces, the National Industrial
Recovery Act and the Agricultural Adjustment Act, and other statutes. This judicial action outraged President Roosevelt,