Sen. Mike Lee: Child Labor Laws Unconstitutional

Written by FrumForum News on Saturday January 15, 2011

ThinkProgress reports:

Last week, Sen. Mike Lee (R-UT) posted a lecture on his YouTube channel where he explains in great detail his views on the Constitution. As part of the lecture, which is essentially a lengthy defense of his radical tenther interpretation of the Constitution, Lee claims thatfederal child labor laws are unconstitutional:

Congress decided it wanted to prohibit [child labor], so it passed a law—no more child labor. The Supreme Court heard a challenge to that and the Supreme Court decided a case in 1918 called Hammer v. Dagenhardt. In that case, the Supreme Court acknowledged something very interesting — that, as reprehensible as child labor is, and as much as it ought to be abandoned — that’s something that has to be done by state legislators, not by Members of Congress. [...]

This may sound harsh, but it was designed to be that way. It was designed to be a little bit harsh. Not because we like harshness for the sake of harshness, but because we like a clean division of power, so that everybody understands whose job it is to regulate what.

Now, we got rid of child labor, notwithstanding this case. So the entire world did not implode as a result of that ruling.

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