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Child Labor Amendment

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The Child Labor Amendment is a proposed and still-pending amendment to the United States Constitution that would specifically authorize Congress to regulate "labor of persons under eighteen years of age". The amendment was proposed on June 2, 1924,[1] following Supreme Court rulings in 1918 and 1922 that federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 were unconstitutional.

The majority of the state legislatures ratified the amendment by the mid-1930s; however, it has not been ratified by the requisite three-fourths of the states according to Article V of the Constitution and none has ratified it since 1937. Interest in the amendment waned following the passage of the Fair Labor Standards Act of 1938, which implemented federal regulation of child labor with the Supreme Court's approval in 1941.

The amendment was itself the subject of a 1939 Supreme Court decision, Coleman v. Miller (307 U.S. 433), regarding its putative expiration. As Congress did not set a time limit for its ratification, the amendment is still pending before the states. Ratification by an additional ten states would be necessary for this amendment to come into force.

Text

Section 1. The Congress shall have the power to limit, regulate, and prohibit the labor of persons under eighteen years of age.

Section 2. The power of the several States is unimpaired by this article except that the operation of State laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress.[2]

Background

See also: Child labor laws in the United States

With the Keating–Owen Act of 1916, the United States Congress had attempted to regulate interstate commerce involving goods produced by employees under the ages of 14 or 16, depending on the type of work. The Supreme Court found this law unconstitutional in Hammer v. Dagenhart (1918). Later that year, Congress attempted to levy a tax on businesses with employees under the ages of 14 or 16 (again depending on the type of work), which was struck down by the Supreme Court in Bailey v. Drexel Furniture (1922). It became apparent that a constitutional amendment would be necessary for such legislation to overcome the Court's objections.[3]

Legislative history

The amendment was offered by Ohio Republican Congressman Israel Moore Foster on April 26, 1924, during the 68th Congress, in the form of House Joint Resolution No. 184.

House Joint Resolution No. 184 was adopted by the United States House of Representatives on April 26, 1924, with a vote of 297 yeas, 69 nays, 2 absent and 64 not voting.[4] It was then adopted by the Senate on June 2, 1924, with a vote of 61 yeas, 23 nays and 12 not voting.[1] And with that, the proposed constitutional amendment was submitted to the state legislatures for ratification pursuant to Article V of the Constitution.

Ratification history

 
Ratification status of the Child Labor Amendment
  Ratified the amendment
  Rejected the amendment
 
The Child Labor Amendment as passed by Congress

Having been approved by Congress, the proposed amendment was sent to the state legislatures for ratification and was ratified by the following states:[5]

  1. Arkansas – June 28, 1924
  2. California – January 8, 1925
  3. Arizona – January 29, 1925
  4. Wisconsin – February 25, 1925
  5. Montana – February 11, 1927
  6. Colorado – April 28, 1931
  7. Oregon – January 31, 1933
  8. Washington – February 3, 1933
  9. North Dakota – March 4, 1933 (After State Senate rejection – January 28, 1925)
  10. Ohio – March 22, 1933
  11. Michigan – May 10, 1933
  12. New Hampshire – May 17, 1933 (After rejection – March 18, 1925)
  13. New Jersey – June 12, 1933
  14. Illinois – June 30, 1933
  15. Oklahoma – July 5, 1933
  16. Iowa – December 5, 1933 (After State House rejection – March 11, 1925)
  17. West Virginia – December 12, 1933
  18. Minnesota – December 14, 1933 (After rejection – April 14, 1925)
  19. Maine – December 16, 1933 (After rejection – April 10, 1925)
  20. Pennsylvania – December 21, 1933 (After rejection – April 16, 1925)
  21. Wyoming – January 31, 1935
  22. Utah – February 5, 1935 (After rejection – February 4, 1925)
  23. Idaho – February 7, 1935 (After State House rejection – February 7, 1925)
  24. Indiana – February 8, 1935 (After State Senate rejection – February 5, 1925 and State House rejection - March 5, 1925)
  25. Kentucky – January 13, 1937 (After rejection – March 24, 1926)
  26. Nevada – January 29, 1937
  27. New Mexico – February 12, 1937 (After rejection – 1935)
  28. Kansas – February 25, 1937 (After rejection – January 30, 1925)

The following fifteen state legislatures rejected the Child Labor Amendment and did not subsequently ratify it:

  1. Connecticut - 1925
  2. Delaware - 1925
  3. Florida - 1925
  4. Georgia - 1924
  5. Louisiana - 1924
  6. Maryland - 1927
  7. Massachusetts - 1925
  8. Missouri - 1925
  9. North Carolina - 1924
  10. South Carolina - 1925
  11. South Dakota - 1925, 1933 and 1937
  12. Tennessee - 1925
  13. Texas - 1925
  14. Vermont - 1925
  15. Virginia - 1926[5]

Although the act, on the part of state legislatures, of "rejecting" a proposed constitutional amendment has no legal recognition, such action does have political ramifications.

Of the 48 states in the Union in 1924, five have taken no action of record on the amendment: Alabama, Mississippi, Nebraska, New York and Rhode Island; neither have Alaska nor Hawaii, both of which became states in 1959.[5]

On March 15, 2018, a concurrent resolution to belatedly ratify the Child Labor Amendment was officially introduced in the New York Assembly, the "lower" house of the New York Legislature. It has thus far received no further consideration than to be referred to that chamber's Committee on Judiciary and reintroduction.[6] In 2021, a concurrent resolution was introduced in the Rhode Island Senate to ratify the amendment but never made it out of committee.[7] In 2023, a resolution was introduced in Nebraska Legislature to ratify the amendment.[8]

In 2021 and 2022, a concurrent resolution to ratify the Child Labor Amendment passed in the Hawaii Senate with bipartisan support but stalled in the Hawaii House of Representatives.[9][10]

Presently, there being 50 states in the Union, the amendment will remain inoperative unless it is ratified by an additional 10 states to reach the necessary threshold of 38 states.

Judicial history

Only five states adopted the amendment in the 1920s. Ten of the states initially balked, then re-examined their position during the 1930s and decided to ratify. These delayed decisions resulted in many controversies and resulted in the 1939 Supreme Court case Coleman v. Miller (307 U.S. 433) in which it was determined that the Child Labor Amendment remained pending before the state legislatures because the 68th Congress did not specify any deadline. The ruling also formed the basis of the unusual and belated ratification of the 27th Amendment which was proposed by Congress in 1789 and ratified more than two centuries later in 1992 by the legislatures of at least three-fourths of the 50 states.

The common legal opinion on federal child labor regulation reversed in the 1930s. Congress passed the Fair Labor Standards Act in 1938 regulating the employment of those under 16 or 18 years of age. The Supreme Court ruled unanimously in favor of that law in United States v. Darby Lumber Co. (1941), which overturned Hammer v. Dagenhart – one of the key decisions that had motivated the proponents of the Child Labor Amendment. After this shift, the amendment has been described as "moot"[11] and lost the momentum that had once propelled it;[12] hence, the movement for it has advanced no further.[13]

If ever ratified by the required number of U.S. state legislatures, the Child Labor Amendment would repose in the Congress of the United States shared jurisdiction with the states to legislate on the subject of child labor.

Opposition

In 1933 J. Gresham Machen, who was a major voice at the time for Evangelical Fundamentalism and conservative politics, delivered a paper called Mountains and Why We Love Them, which was read before a group of ministers in Philadelphia on November 27, 1933. In passing he mentions the Child Labor Amendment and says "Will the so-called 'Child Labor Amendment' and other similar measures be adopted, to the destruction of all the decencies and privacies of the home?"[14]

See also

References

  1. ^ a b 65 Congressional Record 10142
  2. ^ "The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013" (PDF). Washington, DC: U.S. Government Printing Office. 2013. p. 50. Retrieved July 11, 2014.
  3. ^ "Keating-Owen Child Labor Act of 1916". Our Documents. National Archives. Retrieved October 20, 2012.
  4. ^ 65 Congressional Record 7294-7295
  5. ^ a b c James J. Kilpatrick, ed. (1961). The Constitution of the United States and Amendments Thereto. Virginia Commission on Constitutional Government. pp. 68–69.
  6. ^ "New York State Assembly | Bill Search and Legislative Information". www.nyassembly.gov. Retrieved July 14, 2020.
  7. ^ "2021 - S0438" (PDF). Rhode Island Senate. Retrieved July 8, 2022.
  8. ^ "LR5 - Legislative resolution to ratify an amendment to the Constitution to the United States relating to regulation of child labor". Nebraska Legislature. Retrieved January 6, 2023.
  9. ^ "SCR99 SD1 HD1 (2021)". Hawaii State Legislature. Retrieved July 8, 2022.
  10. ^ "SCR8 (2022)". Hawaii State Legislature. Retrieved July 8, 2022.
  11. ^ Vile, John R. (2003). Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2002. ABC-CLIO. p. 63. ISBN 9781851094288.
  12. ^ Strauss, David A. (2010). The Living Constitution. Oxford University Press. pp. 125–126. ISBN 9780195377279.
  13. ^ Griffin, Stephen M. (1998). American Constitutionalism: From Theory to Politics. Princeton University Press. p. 89. ISBN 9780691002408.
  14. ^ Gresham Machen, J. (August 1934). "Mountains and Why We Love Them". Christianity Today.
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