Fdr's Unpassed Legislation: Ideas That Failed To Become Law

Franklin Delano Roosevelt, the 32nd President of the United States, served from March 1933 until his death in April 1945. During his time in office, Roosevelt implemented a series of programmes and policies known as the New Deal, which aimed to restore prosperity to Americans during the Great Depression. While the New Deal did bring about lasting change to the role of the federal government in the US economy, some of Roosevelt's ideas failed to become law. This paragraph will explore the ideas that Roosevelt proposed but were ultimately unsuccessful in becoming legislation.

The National Recovery Administration (NRA)

The NRA's goal was to bring industry, labor, and government together to establish fair practices and set prices. Industries were allowed to collaborate and write "codes of fair competition" that would help workers set minimum wages and maximum weekly hours, as well as establish minimum prices for products. Companies that followed the NRA codes were allowed to display a Blue Eagle emblem, which was widely used in advertising and packaging.

The NRA was popular with workers, and businesses that did not display the Blue Eagle emblem were often boycotted. The agency established 557 basic codes and 208 supplementary codes, affecting about 22 million workers. Despite the NRA's efforts, violations of the codes became common, and the agency was criticised for its bureaucracy and the complexity of the codes.

In 1935, the U.S. Supreme Court unanimously declared the NRA law unconstitutional, ruling that it infringed on the separation of powers under the United States Constitution. The NRA ceased operations, but many of its labour provisions were included in subsequent legislation, such as the National Labor Relations Act (Wagner Act). The NRA's long-term impact included a surge in the growth and power of unions, which became a core part of the New Deal Coalition dominating national politics for the next three decades.

The Agricultural Adjustment Administration (AAA)

The AAA was tasked with overseeing the distribution of subsidies to farmers who agreed to cut production. The goal was to restore prices paid to farmers for their goods to a level equal in purchasing power to that of 1909-1914, a period of comparative stability. The act covered wheat, corn, cotton, hogs, milk, rice, and tobacco, with new commodities added in subsequent years.

More than three million farmers joined the AAA program in its first year, and farm income increased by more than 50% between 1932 and 1935. Despite these gains, the benefits of the AAA often accrued to large farm owners rather than the millions of poor tenant farmers and sharecroppers. The AAA policies stressed lowering production, which sometimes meant that crops were plowed under and livestock killed while many Americans went hungry.

In 1936, the U.S. Supreme Court declared the AAA unconstitutional, ruling that it unduly burdened processors with taxes that were then used to fund subsidies for farmers. This power, the Court decided, should have been reserved for the states. However, a modified version of the AAA was reauthorized in 1938, with additional provisions for conserving natural resources and prioritizing soil health.

The Second New Deal

Works Progress Administration (WPA)

The WPA was created in April 1935 to provide jobs for unemployed Americans. WPA projects focused on building infrastructure such as post offices, bridges, schools, highways, and parks. The WPA also gave work to artists, writers, theatre directors, and musicians. Under the leadership of Harry Hopkins, the WPA employed over three million people in its first year of operations.

National Labor Relations Act (Wagner Act)

The National Labor Relations Act, also known as the Wagner Act, was passed in July 1935. It created the National Labor Relations Board to supervise union elections and prevent businesses from treating their workers unfairly. The Wagner Act was considered the "Magna Carta" for American labour unions, and by 1944, union membership had swelled to more than 13 million.

Social Security Act

In August 1935, Roosevelt signed the Social Security Act, which guaranteed pensions to millions of Americans and set up a system of unemployment insurance. The Act also stipulated that the federal government would help care for dependent children and the disabled.

Housing Act of 1937

The Housing Act of 1937 was passed as part of Roosevelt's Second New Deal.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act, passed in 1938, was the last major piece of New Deal legislation. The FLSA outlawed child labour, established a federal minimum wage, and required overtime pay for employees working more than 40 hours per week.

The Wagner Act

Despite its initial success, the Wagner Act was significantly weakened by subsequent legislation, such as the Taft-Hartley Act of 1947, which prohibited closed shops and narrowed the definition of unfair labour practices.

The Fair Labor Standards Act

The FLSA applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce," unless the employer can claim an exemption from coverage. Generally, an employer with at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet the statutory minimum wage, overtime, and record-keeping requirements. The largest exceptions apply to "white-collar" exemptions that are applicable to professional, administrative, and executive employees, though exemptions also exist for jobs such as movie theater workers. Exemptions are narrowly construed, as an employer must prove that the employees fit "plainly and unmistakably" within the exemption's terms.

In many instances, employers do not pay overtime properly for non-exempt jobs, such as not paying an employee for travel time between job sites, activities before or after their shifts, and preparation central to work activities. If an employee is entitled to overtime, the employer must pay them one and a half times their "regular rate of pay" for all hours they work over 40 in the same workweek.

Employees employed in a ministerial role by a religiously affiliated employer are not entitled to overtime under the act. During World War II, the Army-Navy "E" Award for excellence in war production required maintaining the fair labor standards established under the Act.

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