Legal Opinion · Concurrence

United States v. ALA Schechter Poultry Corporation

Court of Appeals for the Second Circuit

Decided April 1, 1935No. 323Published

1ConcurrenceL. Hand, Circuit Judge

I am one of the majority who think that counts 46 and 55 should be reversed, and the question at stake has enough importance to justify a statement of- my reasons. It is always a serious thing to declare any act of Congress unconstitutional, and especially in a. case where it is a part of a comprehensive plan for the rehabilitation of the nation as a whole. With the wisdom of that plan we have nothing whatever to do; and were only the Fifth Amendment involved I should be prepared to read the powers of Congress in the broadest possible way. Moreover, the phrase “fair competition” seems to me a…

2Cases cited15 opinions

  1. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  2. Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
  3. Texas & NOR Co. v. Brotherhood of Ry. & Steamship ClerksSupreme Court of the United States · 1930
  4. Stafford v. WallaceSupreme Court of the United States · 1922
  5. Local 167, International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1934

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