3- New Deal, New Regime

Question 1

New Deal in one phrase

Answer 1

Roosevelt x New Deal → to counteract Great Depression, in 1930s

Question 2

Franklin Delano Roosevelt : birth, president, party

Answer 2

FDR : born 1882, died in 1945. 32nd President of the US from 1933 to 1945. He was a democrat.

→ He is considered as the father of the Modern Presidency because it transformed the governmental regime from congressional to presidential regime.

Before him, the government had been characterised by the primacy of Congress after him by the primacy of the President.

In addition, Roosevelt imposed the conception of national government as an agency for human welfare. A shift had been initiated by Wilson but Roosevelt institutionalised it.

Question 3

Skowronek’s thesis,on Roosevelt

Answer 3

According to Skowronek’s thesis, “Roosevelt was a reconstruction President like Jefferson, Jackson and Lincoln : in a context of crisis, he repudiated the old order and redefined governmental power by creating a new political order.” (p37-38)

Question 4

According to Lowi, the New Deal left 4 revolutionary legacies :

Answer 4

Constitutional : it imposes principles of coercive power of government on individual

Governmental : the welfare state made the government responsible for citizen’s wellbeing.

Institutional : it was the end of a Congress-centred government with delegation of power to the Presidency

Political : it changed the President/Congress relation. It favoured the growth of interest group liberalism at the expense of parties. It also created a direct relationship between the President and the people.

Question 5

Main impulse ?

Answer 5

The main impulse came from the Great Depression & the failure of the traditional regime. It was the economic crisis that justified and legitimised the change of regime. This revolution was then reinforced by WW2 and other crises which contributed to the expansion of presidential power.

Question 6

Here are the main changes that gave birth to the modern Presidency :

Answer 6

→ The president turned chief legislator
→ Administrative Reform
→ The Presidency and the Supreme Court
→ New Relationship with the People
→ Foreign Policy and War Powers.

Question 7

The President turned chief legislator
Roosevelt at the time of his election

Answer 7

At the time of his election (= Roosevelt), the nation was facing an unprecedented economic crisis. A landslide victory (=huge victory) made him the saviour of the nation for the people and all political supporters.

Question 8

Hoover & public opinion on capitalism

Answer 8

The Depression and Hoover’s refusal to interfere with economical and social matters convinced a majority of Americans that Capitalism needed reforms and that the traditional system of national governance was not fit for Modern society.

Question 9

What had Wilson imposed ?

Answer 9

Before Roosevelt, Wilson had imposed presidential initiative in legislation and had acted in the emergency context of WW1.

Question 10

roosevelt announce new deal date

Answer 10

In 1932, Roosevelt announced his New Deal and asked Congress to pass a comprehensive legislative program by the Executive

Question 11

Basic philosophy of Roosevelt

Answer 11

→ He attacked the Laissez-faire ideology which is especially a republican ideology as almost criminal in the 1930s context.

→ He called for a new interpretation of the constitution, a redefinition of finding concepts of individualism, rights and liberty

→ He argued that the original values have been perverted by Capitalist leaders and that the government had to intervene to protect people from abuses, to restore and preserve these original values

⇒ What he said is a sort of synthesis of Jefferson’s doctrine of rights and Hamilton’s doctrine of strong government.

It entailed a new role for the President within the national government, a moral responsibility to protect the citizen’s rights and a practical responsibility to deliver the means to do so : to draft policy, to propose legislative programs instead of just implementing policy decided by Congress.

Question 12

1944 State of the Union adress

Answer 12

(1944 State of the Union address on the second bill of Rights which justified modern government as an activist government led by the President)

Question 13

In Practice
First New Deal

Answer 13

The First New Deal is also referred to as the 100 days from March to June 1933 characterised by unprecedented legislative activity. On inauguration day, Roosevelt asked Congress to work with him to cope with the Crisis. He equated the situation of war giving it a sense of emergency. He asked for broad executive powers. He called for emergency Congressional sessions to pass comprehensive legislation in record times.

During that session, Congress delegated broad powers to the President. A series of acts was passed to regulate the economy,

Question 14

Acts passed to regulate the economy,

Answer 14

National Industrial Recovery Act (NIRA) & Emergency Banking Act.

Question 15

After the first 100 days Roosevelt went on asking Congress

Answer 15

After the first 100 days Roosevelt went on asking Congress to pass White House sponsored bill.

Question 16

Emergency Banking Act

Answer 16

March 1933, President Roosevelt set out to rebuild confidence in the Nation’s banking system.
At the time the Great Depression was crippling the US economy. Many people were withdrawing their money from banks and keeping it at home.

In response, the President called a special session of Congress the day after the inauguration and declared a four-day holiday that shut down the banking system including the Federal Reserve.

This action was followed a few days later by the passage of the Emergency Banking Act which was intended to restore American’s confidence in banks when they reopened. The Act also gave more power to the President during a banking crisis.

Question 17

National Industrial Recovery Act : NIRA

Answer 17

supervised fair trade codes and guaranteed labourers a right to collective bargaining (négociation). Antitrust laws were suspended and companies were required to write industry wide codes of pair competition that effectively fixed prices and wages, established production quotas and imposed restriction on entry of other companies into the alliances

Question 18

Second New Deal

Answer 18

In 1935, the Second New Deal established the welfare state :

→ The Emergency Relief Appropriation Act : concerning unemployment

→ The Wagner Act (= the National Labour Relation Act) : guarantees the right of private sector employees to organise into Trade Unions, to engage in collective bargaining, and to take collective actions such as strikes

→ The Social Security Act which created the Social Security Program, old Age insurance and insurance against unemployment

Question 19

Reactions to Roosevelt’s Legislative Action

Answer 19

Roosevelt Legislative action was well accepted by Congress and the people.

HOWEVER, there was a crisis in 1935 when the Supreme Court declared NIRA unconstitutional and argued that Congress had unconstitutionally delegated its power to the President and interfered with intrastates commerce. The decision in the Schechter Poultry Corporation v. US.

Other decisions challenged the President’s Constitutional powers to participate in the legislative process. In 1936, the US v. Butler decision. Roosevelt counterattacked in 1937 with the Court-Packing Bill but the Court changed its stance.

⇒ The President’s legislative power has not been challenged again by the Supreme COurt.

Question 20

Legacy of Roosevelt

Answer 20

After Roosevelt, all Presidents were expected to be active participants in the legislative process. They not only had the power but the duty to do so. In this respect, Truman and Johnson are direct heirs of Roosevelt.

Question 21

II. Administrative Reforms why ?

Answer 21

The expansion of the President’s powers and responsibility required expanded means to draft and implement policy.

Question 22

1936 & 1937

Answer 22

In 1936, Roosevelt appointed the President’s committee on administrative management headed by Louis Brownlow.

There was a report in 1937 and the key sentence of the report is “The President needs help”. Basically the Committee found the Executive bureaucracy inadequate for modern politics.

Under Roosevelt, many new agencies were created. There was a lack of coordination, of personnel especially at the White House as well as a need for experts to manage the executive branch.
⇒ So the Commission recommended expanding personnel and putting it under the exclusive responsibility of the President. Congress was reluctant to pass the bill proposed by Roosevelt in 1937.

Question 23

1939

Answer 23

Then in 1939, the Executive Reorganisation Act was passed.

It was a historic measure which institutionalised the Modern Presidency.

It paved the way for the institutional or administrative presidency.

It marked the creation of the Executive office of the President (=EOP) which is made of several offices meant to advice and help the President in his/her executive work.

Question 24

The main branches are :

Answer 24

The White House office including White House staff
The Bureau of the budget (=BOB)

Question 25

Consequences of creation of White House and BOB

Answer 25

The executive office of the President paralleled the cabinet in the executive branch.

The creation of the White House office and BOB not only expanded the powers of the executive branch in the government but also expanded the powers of the President within the executive branch at the expense of other executive bodies like the cabinet.

The White House Office and bob grew all through the 20th century favouring the development of the imperial presidency.

Question 26

After Roosevelt

Answer 26

After Roosevelt, the new executive organisation and the principles behind it were unanimously accepted after the New Deal.

Question 27

Truman 1947 & 1946

Answer 27

Under Truman, in 1947, a Congressional Committee headed by Herbert Hoover endorsed the executive reorganisation initiated by Roosevelt. It illustrated the consensus on Modern presidency.

The white house staff was dramatically expanded by Truman, Eisenhower and their successors. New bodies were added to the executive office of the president in 1946 : National Security Council created by the National security Act (in 1939).

Question 28

Creation of Eisenhower

Answer 28

→ Eisenhower created the chief of staff to head the EOP (executive office of the president)

Question 29

1970 Nixon

Answer 29

→ In 1970 Nixon turned BOB into the Office of Management and Budget and extended his powers.

It became not only charged with preparing the budget
but also with drafting legislation and regulation
and with deciding on presidential veto.
⇒ It became one of the most influential body in government

Question 30

III. The Presidency and the Supreme Court
Up to Roosevelt, 19th and 20th opinion of SC

Answer 30

Up to Roosevelt, the Supreme court had upheld a conservative philosophy of government. During the 19th and the beginning of the 20th century it had usually been hostile to presidential power or governmental intervention in economic and social matters.

Question 31

Ex Parte Milligan

Answer 31

In 1866 the Ex Parte Milligan
The decision condemned Lincoln’s creation of Military Courts to trial civilians in northern territory during the Civil War and rejected his suspension of the Habeas Corpus. → Lincoln was already dead but it was a warning for future Presidents against expanding their strictly limited powers.

Question 32

Opinion of SC in 1933

Answer 32

After 1933, when Roosevelt came to power, the Supreme Court was dominated by Conservatives appointed by Republican Presidents : they were hostile to Roosevelt & the New Deal.

Question 33

Roosevelt’s presidency was marked by fights between…

Answer 33

Roosevelt’s Presidency was marked by fights between the Court & the President. This constitutional crisis challenged the Checks and Balances and was ultimately won by the President.

Question 34

After Roosevelt the SC

Answer 34

After Roosevelt, the Supreme Court tended to approve presidential power or at least did not openly challenge it.

Question 35

III. The Presidency and the Supreme Court
Courts Challenge
1935-1936

Answer 35

In 1935-1936 a series of decisions invalidated New Deal crucial pieces of legislation like for example the Industrial Recovery Act.

The main argument was the constitutional separation of powers. Congress could not unconditionally delegate its legislative powers to the President and Congress’s legislative power to regulate the economy applied to interstate commerce only.

Question 36

FDR’s counterattack : the Court Packing Plan

Answer 36

As FDR worried about the court opposition to change, he tried to alter the institutional balance by imposing his views on the court (supreme court) through new appointments.

In February 1937, he proposed a “Court-packing bill” in Congress. He wanted to raise the number of Justices by adding 6 to the 9 traditionally appointed.

He justified his proposal by arguing that the current court was overworked due to the old age of 6 of its members (over 70 years old). In fact, everybody saw that Roosevelt’s goal was to nominate 6 liberal justices to win a majority in the court so that it would not check the other branches of government anymore.

Question 37

Reactions to Court Packing Plan & conclusion on the law

Answer 37

Outrage reactions on all sides.
→ Many recognised the threat to Checks and Balances even among political liberal and Roosevelt’s supporters.

→ Even those who did not feel Roosevelt’s abuse of power feared the possible consequences of certain change in the future : Future presidents might abuse their power and destroy democracy. The Court was the historical guardian of democratic liberty

→ Another argument against Roosevelt’s plan was that as a constitutional arbiter, the Court should not be politicised. If so, it could be used to support dictatorship.

Finally, the bill was killed in the Senate but Roosevelt did not need it anymore for the COurt had change it stand on the New Deal.

Question 38

During the debate over the bill, several decisions that were expected to condemn New Deal legislation did not do so.

Answer 38

In April 1937 the National Labour Relation Board v. Jones and Laughlin Steel Corp also known as the Wagner Act.

In May 1937, Helvering v. Davis on the Social Security Act.

→ Through these decisions, the Court showed that it accepted the new order (order of the New Deal). The reasons were not clear : indeed, the first decision was in fact made before the Court Packing Plan but it was kept until April.
⇒ The Court probably felt that Roosevelt’s actions were justified as the public & politicians approved.

Question 39

Curtiss-Wright decision, 1936

Answer 39

Curtiss-Wright decision, 1936 : It is a historical decision that played a key role in the establishment of the modern presidency.

In December 1936, in “United States v. Curtiss-Wright export Corp” : it formally distinguished domestic policy from foreign policy & it declared that the president had inherent powers to act in foreign policy independently of Congress.

The case was about the President’s right to impose and arms embargo on Bolivia & Paraguay. It said that his decision resulted from the “very delicate and exclusive power of the President as the sole organ of the federal government in the field of international relations - a power which does not require as a basis for its exercice and act of congress”

One year later, the Belmont decision declared executive agreements constitutional : it confirmed the President’s powers in foreign policy and has tremendous consequences in the future sowing the seed of imperial presidency.

.

Question 40

Belmont Decision

Answer 40

One year later, the Belmont decision declared executive agreements constitutional : it confirmed the President’s powers in foreign policy and has tremendous consequences in the future sowing the seed of imperial presidency.

Question 41

Consequences Belmont Decision & Curtiss-wright decision

Answer 41

=> Between 1937 and 1940, Roosevelt had the opportunity to nominate 5 justices to replace retiring ones. As a result, the court became dominated by liberals.

=> More generally, after the 1937 crisis, and until recent years, the Supreme Court never again challenged social or economical federal legislation. In fact, it turned globally more favourable to presidential power in the constitutional debate

Question 42

IV. New relationship with the people

A. The President as the caretaker of the people

Answer 42

From the beginning of his presidential campaign, Roosevelt presented himself as the defender of the people against special interest especially against industrial establishment.

He insisted in his rhetoric on new rights, economic rights, which individuals were not able to defend along against big corporation

It was now the duty of the government and in particular of the President to defend the rights, to restore a quality between the citizens. So, with Roosevelt the President came to be seen as the protector of the people.

In practice, the creation of the welfare state reinforced the notion of the president as caretaker of the people

Question 43

IV. New relationship with the people

B. Communication

Answer 43

Even if Roosevelt was not the first to appeal directly to the people as Theodore Roosevelt had done, he made the direct adress to the people a routine feature for the presidential office. He used the radio to explain and justify his policies on a regular basis. These radio addresses came to be known “fireside chats”

Through them the president entered the homes of Americans and became more familiar. He also held regular press conferences at the White House. These became more and more important

Question 44

“fireside chats”

Answer 44

Regular adresses on radio by T. Roosevelt

Question 45

IV. New relationship with the people
C. Political revolution

Answer 45

As Roosevelt tried to transform the governmental regime, he tried to turn the democratic party into an instrument of presidential presidency but he failed.

Then he short-circuited the party by encouraging non-partisan politics to win all progressives to his cause. He appealed to the masses and pushed the parties to the periphery of the politics.

⇒ All those people formed what became to be known as the New-Deal coalition and voted for the democratic party at elections but they did so because of their attachment to Roosevelt and the New Deal, not to the democratic party.

Question 46

V. Foreign policy and War Powers
Before FDR, President had taken initiative that could be considered unconstitutional in acting without Congressional authorisation.
Example

Answer 46

For instance, Lincoln had started the Civil War alone and had waged it alone for months without consulting Congress. He had even suspended the Habeas Corpus, his main justification being the state of emergency. He then had asked for COngress’s approval.

Question 47

Executive powers apart from emergency situations

BUT new deal ?

Answer 47

Yet, apart from emergency situations, executive powers in foreign policy had always been interpreted as strictly limited by the Constitution. Congress supposedly being the supreme authority (Congress has the power to declare war and appropriate funds for it.)

The New Deal Era witnessed a radical reversal of roles

Question 48

Curtiss-Wright 1936: impact on foreign policy & war powers

Answer 48

The important point was not only the decision itself (authorising the president to decide an arm embargo on foreign countries) but the justification that came with it (the assumption that the president had constitutional inherent powers in foreign policy meant that he did not have to justify his actions nor to consult congress in foreign matters.)
⇒ This created a crucial precedent which has determined presidential behaviour up to now

Question 49

United States v. Belmont, 1937 foreign policy & war powers

Answer 49

It reinforced the (re?)orientation of Curtiss rights in asserting the legitimacy of Executive agreements (= agreements signed by the president and the foreign countries without Senate consent, unlike treaties which required ratification by the Senate)

Question 50

Pearl Harbor, December, 7th, 1941 foreign policy & war powers

Answer 50

→ This created an obvious emergency, Congress declared War on Japan then Italy and Germany and Italy declared war on the US. Roosevelt now acted as commander in chief : he did not claim inherent powers but emergency powers.

Congress delegated him broad powers in foreign and domestic policies. He passed the War Powers Act. The office of Emergency Management, part of the EOP, controlled the whole economy during the war. So the welfare state became the national security and welfare state.

Question 51

Legacy

Answer 51

After FDR the threat to national security became the best justification for the expansion of presidential powers in domestic policy even in peacetime. WW2 gave way to the Cold War and to a permanent state of emergency.

Besides, in the following era, the President tended to claim inherent powers to avoid justifying their questionable actions even when there was no real emergency or immediate threat to national security.