Topic: How the new deal was unlawful

Paper details:

Midterm paper prompt:

1. Present persuasive arguments that explain how the New Deal was unlawful. Cite specific examples (Constitution, case law, ect.). Note that this part of the question requires you to take the position that the New Deal was unlawful, even if you don’t personally feel that way.

2. Explain what steps FDR took to exert pressure on the Supreme Court to keep the New Deal in place. Were those steps lawful? What would the founding fathers have said about a president exerting political pressure on the Supreme Court?

3. What would have happened if the Supreme Court struck down the New Deal? What is the enforcement mechanism, if any, for the Supreme Court, where the two other branches choose to disobey the court?

4. Cite a modern example (within the past 20 years) of federal overstepping that is akin to the New Deal. Explain the similarities and differences.