In setting out the "codes of fair competition," Chief Justice Hughes would write in his Schechter opinion that "assertions of extra constitutional authority" were appropriate in an environment of national economic emergency and consistent with the boundaries of the 10th Amendment.

Question

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In his Schechter opinion, Chief Justice Hughes actually argued that Congress had exceeded its constitutional authority in setting out the "codes of fair competition" under the National Recovery Administration, and that such codes violated the separation of powers established by the Constitution. He did not endorse assertions of extra constitutional authority, but rather sought to rein in what he saw as an overreach by the federal government.

In Setting Out the "Codes of Fair Competition," Chief Justice