Hammer
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PSC484
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History
Date
Nov 24, 2024
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docx
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Uploaded by gracestowers6
Hammer
v. Dagenhart
247 U.S. 251 (1918)
Factual Background:
In the 1800’s, during the Industrial Revolution in the
United States, the use of child labor was prevalent. In 1916 Congress passed the
Federal Child Labor Act, stating those under the age of 14 cannot work, and those
between the ages of 14-16 cannot work more than 8 hours a day.
The Executive
Committee of Southern Cotton Manufacturers was against this. Roland Dagenhart
was an employee for the leader of this committee. Dagenhart’s two sons worked
with their fathers in a cotton mill in North Carolina. Dagenhart argued that this act
was unconstitutional, as child labor is a local issue. District courts ruled the act as
unconstitutional as the federal government had usurped state power.
Issues/Questions:
1.
May Congress regulate the sale of goods produced by child labor, once
they’re placed into the stream of interstate commerce?
Answers:
1. No.
Ruling: Affirmed
5-4 Day (joined by White, Van Devanter, Pitney, McReynolds)
Dissent: Mckenna, Holmes, Brandeis, Clarke
Analysis:
Justice Day wrote that
only the states have the power to regulate
conditions of local production. He said there is a distinction between production
and commerce. Congress has the power to regulate the exchange of goods between
states, but does not have the power to regulate the production of these goods. The
interstate exchange of products is not harmful, though the production using child
labor is, thus Congress does not have the power to stop it.
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