A GENERATION OF LEADERSHIP - SECOND TERM

The New Deal: Challenges

Challenges to the FDR, his political network, and the New Deal occurred frequently throughout his first and second terms. In his second term, the 1938 Fair Labor Standards Act (FLSA) was an important piece of legislation. This act incorporated regulations taken from the National Industrial Recovery Act (NIRA), made famous by the symbol of the blue eagle hung in shop windows all over the country. The FLSA would be the last reform measure of the New Deal.

Previously, the Supreme Court struck down the NIRA as unconstitutional (Schechter, 1935), due to federal regulations improperly imposed on intrastate business. An angered FDR attempted to gain support for a law that would allow Supreme Court justices to be added if other justices did not opt to retire at 70 years of age. This became known as the "Supreme Court-packing plan" and did not receive much public support. The issue cooled down as the Supreme Court supported the constitutionality of other New Deal programs, including Social Security in 1937 and the FLSA in 1941, and FDR stopped pursuing his plan to add justices. Today, Americans still enjoy the benefits of the FLSA, which established nationwide standards for work hours and minimum wage.