ABSTRACT

The scope and pace of agenda change in the Federalism and US Regulation areas are distinctively different from those of the Economic and Civil Liberties policy areas. A brief analysis of the nascent stages of the Regulation agenda and policy prior to the "Court-packing plan" is necessary for an understanding of the ultimate changes in the agenda. The development of Federalism doctrine has, at times, lent momentum and occasionally undermined US Regulation litigation. The growth of the regulatory state was impossible without a grant of power to create the mechanisms for regulation, such as statutory authority and administrative agencies. President Franklin Roosevelt and Congress conducted a hundred-day campaign to combat the economic catastrophe with a number of administrative agencies and regulations. Federalism questions had to be resolved before the Regulation cases could emerge. Regulation cases represented a transition from Economic cases to the Civil Liberties agenda procedurally and substantively.