The Limited Constitutional Revolution In Roosevelt’s New Deal Period

The economic crisis in20th century, economic crisis which is known as the most serious economic crisis since the founding of the United States. Under the influence of the crisis, the United States in all aspects of political, economic, judicial, had changed dramatically, the most notable one undoubtedly was the conflict in that time between the President Roosevelt on behalf of the political rights and the Federal Supreme Court on behalf of the interests of the judicial system.The President Roosevelt struggled to "wipe out" the judicial obstacles to the New Deal policies implementation in order to response to the raging economic crisis, made economic recovery, took political stability, mainly include the "Emergency Banking Act," the main legislation in the fiscal and financial legislation field;"the national industrial Recovery Act", the main industrial legislation in the industrial area legislation;"The1935Emergency Relief Act",the main legislation in the social security field legislation. However, the Federal Supreme Court because of its historical formation of the special political status and the mainstream conservative legal thoughts,became the judicial obstacles to the implementation of the New Deal. The Supreme Court in Marbury v. Madison case, in the20th century, had got the supreme power of judicial review, also named the right of constitution review, combined with the powerful weapon-due process in accordance with due process theory, became the important tool of the Supreme Court to start the constitutional review and veto in the early20th century when Roosevelt’s New Deal legislation in violation of its conservative philosophy. Due to the most serious economic crises Roosevelt’s New Deal took the most serious and the more strength economic regulation which the United States had tried,denied the the laissez-faire economics theory, which is the inevitable changes in the United States by a free capitalist society to the state monopoly capitalist society.However, the Supreme Court that time had pursued a laissez-faire philosophy of the majority judges. Deal initially faced a major Republican-appointed Supreme Court.The criticizing the federal Supreme Court made to the New Deal legislation, and the contest between the executive power and judicial power were mainly featuring in1935the U.S. Supreme Court announced the "National Industrial Recovery Act unconstitutional; January1936, the U.S. Supreme Court announced the "Agricultural Adjustment Act", an important New Deal legislation, anti-depression another important legislation and the Agricultural Adjustment Committee unconstitutional; February1936, the Supreme Court rejected the "coal miners, wage and hour law "; June1,1936, the Supreme Court sentenced "minimum wage law for women in New York State "to violate the Constitution due to break out the freedom of contract determined by the legal procedures. The decisions themself were very bad, but even worse was that the Supreme Court almost released them in the way of invalid ban.Taking conservative attitudes and making negative and unconstitutional precedents,what The Supreme Court in the New Deal early time done in cases involving New Deal programs and policies,made Roosevelt finally "intolerable""court packing plan" in response to the Federal Supreme Court in this behavior, and finally broke out this so-called "constitutional revolution".However, due to the constitutional structure of separation of powers and checks and balances of the U.S. legislative, executive and judicial powers, the independence of the U.S. Supreme Court, limited government theory deeply rooted,the reorganization plan Roosevelt submitted to the Congress was not adopted. The success of Roosevelt placed the appointment of judges including the Hugo L. Black, Stanley (Stanley F. Reed), Reed, Robert Jackson,who agreed with the idea of the New Deal in the Supreme Court and a timely fashion the Federal Supreme Court made, including no longer review the constitutionality of the government’s social, economic legislation, increasing take emphasis on the rights of citizens.Since a series of judgments from the National Labor Relations Board v. Jones&Laugh-lin Steel Corporation (301U.S.I (1937)) in1937,it was beginning marking that great significant change into the Supreme Court’s role in the constitutional structure:from a top review, challenge the legislative wisdom legal reviewer to be an rational legal reviewer. From1937,the Supreme Court had been back to a more conciliatory stance by the focus of the review of the New Deal legislation and almost not examining the attitude,to deal with this "constitutional revolution". Supreme Court reversed the position and focused from reviewing maintenance of the property turning to the protection of personal rights, Protection of the freedom the Constitution Bill of Rights protects, the Supreme Court forged a new vital position in the constitutional structure for their own, which is necessary when the United States be in the state monopoly capitalist period,the increasing risk of the authority of government expansion,growth and abusing era, and broadening personal rights protected by the Constitution era.This "constitutional revolution" is vividly called "limited constitutional revolution". This "limited constitutional revolution" not only ensured the political, economic measures, the implementation of the New Deal in the late New Deal to alleviate the economic crisis, more importantly, the Federal Supreme Court had the huge conversion in the legal target and legal thought, including the conversion between judicial activism and judicial restraint.