Child Labor Amendment

Child Labor Amendment is a proposed, but unratified, amendment to the United States Constitution that aims to empower the federal government with the authority to regulate child labor. The amendment was proposed by Congress on June 2, 1924, following the Supreme Court case of Hammer v. Dagenhart (1918), which had declared federal child labor laws unconstitutional.

History

The Child Labor Amendment was introduced in response to the Supreme Court's decision in Hammer v. Dagenhart. This case involved a father who had sued on behalf of his two sons who were denied employment due to the Keating-Owen Act of 1916, a federal law that regulated child labor. The Supreme Court ruled that the law was an unconstitutional infringement on states' rights to regulate labor.

In response, Congress proposed the Child Labor Amendment, which explicitly gave the federal government the power to regulate child labor. The text of the amendment reads:

"Section 1. The Congress shall have 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."

Ratification

The amendment was ratified by 28 states, the last of which was Mississippi in 1984. However, it has not been ratified by the required three-fourths of the states, and thus has not been adopted.

Impact and Legacy

Despite the Child Labor Amendment not being ratified, federal regulation of child labor was eventually achieved through other means. The Fair Labor Standards Act of 1938, upheld by the Supreme Court in United States v. Darby Lumber Co. (1941), established federal standards for child labor.

The Child Labor Amendment remains a significant piece of legislation in the history of child labor laws in the United States. It represents an early attempt to establish federal control over child labor and reflects the ongoing struggle between states' rights and federal authority.

See also

• List of amendments to the United States Constitution
• History of youth rights in the United States
• Child labor laws in the United States

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