Today in Supreme Court History: June 3, 1918

6/3/1918: Hammer v. Dagenhart decided.

Comments

[JoeFromtheBronx]

The majority struck down an “act of Congress intended to prevent interstate commerce in the products of child labor.”

It noted that “The act, in its effect, does not regulate transportation among the States, but aims to standardize the ages at which children may be employed in mining and manufacturing within the States.” Whatever its “aim,” it very well does so regulate.

Holmes dissented with three justices joining. It is this sort of opinion that led the New Deal Court to change gears & allow Congress much more room to operate.

The line drawing otherwise was rather arbitrary in many cases. As noted in another post involving marijuana, the result is that some bad policies are allowed. OTOH, dubious national drug laws were allowed under the old dispensation too.

[bye]

The American Founding had great reference to the failures of the Articles of Confederation but also to state failures (hence the state name Rogue Island !) but this ruling shows 2 things
1) it is at the state level the child labor should be best known, and outlawed
2) and that knowing the history of state actions and concluding the Feds must intervene — is like not favoring a wounded healing leg to the point it never heals, you have made it worse, for good