Why did the Supreme Court strike down some of the New Deal programs?

Asked by: Prof. Katharina Corwin PhD  |  Last update: February 26, 2026
Score: 4.2/5 (23 votes)

The Supreme Court struck down some New Deal programs primarily because they were seen as exceeding Congress's constitutional powers, particularly the authority to regulate interstate commerce and the non-delegation doctrine, infringing on states' rights and individual liberties like freedom of contract, with the court viewing federal overreach into manufacturing and local economic activities as unconstitutional, even during the Depression. Key rulings invalidated the National Industrial Recovery Act (NIRA) for improper delegation of legislative power and the Agricultural Adjustment Act (AAA) for overstepping federal authority in regulating agriculture.

Why did the Supreme Court strike down New Deal legislation?

The opinion of the Court, read by Justice Louis Brandeis, struck down the act on Fifth Amendment Takings Clause grounds. The Court found the act stripped the creditor of property which was held before the passage of the act, without any form of compensation, and bestowed the property upon the debtor.

How did the Supreme Court react to some New Deal programs?

Congress swiftly enacted Roosevelt's recovery initiatives, collectively called 'The New Deal,' and sent relief to many in need. The Supreme Court of the United States soon invalidated many of the president's New Deal measures as unconstitutional. No Supreme Court had ever struck down so many laws so quickly.

What has the Supreme Court declared about several New Deal programs?

During President Franklin Delano Roosevelt's first term, the Supreme Court had declared eight of FDR's New Deal programs unconstitutional, including the National Recovery Act (NRA) and the Agricultural Adjustment Act (AAA).

When the key pieces of the New Deal programs were struck down by the Supreme Court, President Franklin Roosevelt responded by?

President Franklin Roosevelt responded to the Supreme Court striking down New Deal programs by proposing to pack the Court with his own justices. This plan aimed to shift the balance of the Court in favor of his policies but faced significant backlash and ultimately did not pass.

The New Deal: Crash Course US History #34

15 related questions found

Who opposed the New Deal and why?

Opposition to the New Deal came from the Right (conservatives, businesses), who found it too interventionist, socialist, and harmful to free enterprise; from the Left (radicals, some poor), who felt it didn't go far enough to redistribute wealth or address inequality; and from the Supreme Court, which found key programs unconstitutional. Key figures included Huey Long, Father Coughlin, and Dr. Francis Townsend, who proposed radical alternatives, while conservatives like Robert Taft and groups like the American Liberty League attacked its expansion of government power. 

Who were the 4 horsemen of the Supreme Court?

From 1932 to 1937, the Supreme Court had a conservative bloc called “The Four Horsemen”: Associate Justices Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter.

What were two New Deal programs?

The most important programs included Social Security, the National Labor Relations Act ("Wagner Act"), the Banking Act of 1935, rural electrification, and breaking up utility holding companies. The undistributed profits tax was only short-lived.

How did the Supreme Court justices react to New Deal laws Quizlet?

How does the Supreme Court react to the New Deal? The US Supreme Court used the power of judicial review to overturn 6 key New Deal programs and close one government agency in 1935 and 1936 in the early years of the New Deal. The justices considered many aspects of the new government programs unconstitutional.

Why were some of President Roosevelt's New Deal programs labeled unconstitutional?

Why were some of Franklin Delano Roosevelt's New Deal programs declared unconstitutional by the Supreme Court? The programs seemed to reach beyond interstate jurisdiction into intrastate matters.

What Supreme Court cases dealt with the New Deal?

The New Deal Supreme Court Cases

  • A.L.A. Schechter Poultry Corp. v. United States.
  • United States v. Butler et al.
  • West Coast Hotel Co. v. Parrish.
  • N.L.R.B. v. Jones & Laughlin Steel Corporation.
  • Steward Machine Co. v. Davis.
  • Helvering et. al. v. Davis.

Why did the court packing plan fail?

Roosevelt's motive was clear – to shape the ideological balance of the Court so that it would cease striking down his New Deal legislation. As a result, the plan was widely and vehemently criticized. The law was never enacted by Congress, and Roosevelt lost a great deal of political support for having proposed it.

What is the nine old men and the NRA?

The phrase “nine old men” is an allusion to the nine-member U.S. Supreme Court, which declared the NRA unconstitutional in 1935.

How did the Supreme Court justices react to the New Deal?

On the liberal side were three justices sympathetic to the New Deal programs (Brandeis, Stone and Cardozo); on the conservative side were four justices who voted against everything the Congress and the Administration tried to do (McReynolds, Butler, Van Devanter and Sutherland).

Why would the Supreme Court strike down a law?

The Power of Judicial Review

The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions.

Why did people not like the New Deal?

People opposed the New Deal from both the right and the left, with conservatives fearing excessive government power, socialism, and interference with free markets, while liberals and radicals argued it didn't go far enough to help the poor or fundamentally change capitalism. Critics disliked increased taxes, government regulation of business, deficit spending, and the growing size of the federal government, seeing it as a threat to individual liberty and self-reliance. 

What types of issues do the justices of the Supreme Court usually deal with?

Most common—roughly two-thirds of the total—are requests for review of decisions of federal appellate or district courts. The great majority of cases reach the Supreme Court through its granting of petitions for writs of certiorari, from the Latin certiorari volumnus, “we wish to be informed.”

Who criticized Roosevelt's New Deal?

Critics of the New Deal came from both the political left and right, including conservatives like the American Liberty League who saw it as socialist and overreaching, and radicals like Huey Long, Father Coughlin, and Dr. Francis Townsend, who felt it didn't go far enough to redistribute wealth or protect the poor. Other critics included business leaders, some members of Congress, the Supreme Court, and even former allies, who opposed the expansion of government power and regulation, while some historians now criticize its failure to address racial inequality. 

What was Roosevelt's New Deal Quizlet?

FDR and the New Deal on Quizlet refers to President Franklin D. Roosevelt's series of programs and policies (1933-1939) designed to combat the Great Depression through Relief, Recovery, and Reform (the 3 Rs), creating agencies like the CCC (jobs), FDIC (banking), Social Security, and TVA (regional development) to provide immediate aid, stimulate the economy, and prevent future crises, fundamentally changing the government's role in American life. 

What two programs were part of the New Deal package of programs?

The Works Progress Administration (WPA) supervised the construction of bridges, libraries, parks, and other facilities, while also investing in the arts; the National Labor Relations Act guaranteed employees the right to organize trade unions; and the Social Security Act introduced pensions for senior citizens and ...

Was the New Deal a success or failure?

The New Deal is viewed as a mixed success: it failed to end the Great Depression but succeeded in providing immediate relief, restoring hope, and fundamentally changing the government's role in social and economic welfare, creating lasting programs like Social Security and unemployment insurance. While it created jobs and infrastructure, it also led to increased national debt and didn't fully resolve high unemployment, making its overall success debated. 

What were three main goals of the New Deal?

The three main goals of the New Deal were Relief for the needy (immediate aid for the unemployed and poor), Recovery of the economy (stimulating jobs and industry), and Reform of the financial system to prevent future depressions, famously known as the "Three Rs". These goals guided President Franklin D. Roosevelt's programs to combat the Great Depression by providing direct help, boosting economic activity, and establishing long-term safeguards. 

Who appointed more judges, Trump or Obama?

While President Obama appointed more judges overall (around 330-334) across his two terms compared to Donald Trump's single term (around 226-245), Trump appointed a higher proportion of powerful appellate court judges and more Supreme Court justices (three vs. Obama's two), significantly shifting the courts' ideological balance, especially the circuit courts. 

Can the president remove justices from the Supreme Court?

No, a President cannot remove a Supreme Court Justice; only Congress has the power to do so through the impeachment process (House impeaches, Senate convicts) for "Treason, Bribery, or other high Crimes and Misdemeanors," ensuring judicial independence and lifetime tenure ("good behavior") for Article III judges. 

Why is Ruth Bader Ginsburg so famous?

U.S. Supreme Court Justice Ruth Bader Ginsburg was an exceptional lawyer, judge, and trailblazing advocate for women's rights, in addition to being an honorary chair of the World Justice Project, where she has served as an inspiration for building the rule of law movement.