Politics of Administrative Law
An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York
As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts and monopolies in the early 20th century. In response, the Supreme Court's decisions in several seminal cases served to shape the political, economic, and legal philosophies that resulted in NLRB vs. Jones & Laughlin Steel Corp. This paper will provide a background and overview of the cases involved, followed by an examination of how the legal consciousness of NLRB vs. Jones & Laughlin Steel Corp. challenged the Court's previous positions as exemplified in Munn vs. Illinois and Lochner vs. New York. A summary of the research will be provided in the conclusion.
Review and Discussion
Background and Overview. The concept of judicial was certainly not new by any stretch of the imagination when the Supreme Court decided NLRB vs. Jones & Laughlin Steel Corp. In 1937; however, the decision in this case represented an important continuation of the principles first established by Marbury vs. Madison in 1803. The evolution of how the Court responded to the demands resulting from a changing and rapidly growing American marketplace, with states' interests weighing in against national ones, resulted in Munn v. Illinois (1876) in which the Court looked to the common law for the category of businesses "affected with a public interest." According to Stedfast (1999), Munn represents an early example of a private business owner bringing a claim of unconstitutional regulation to court and...
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