Ezra Klein Still Doesn’t Understand the Constitution | National Review

Exactly.

Sorry but the 10th amendment has no bearing here. It would be nice if people writing these articles would be factual and the people reading the article would take a moment to research before posting. Article 1 section 8 of the constitution gives the Congress the power to set a federal minimum wage and did so in 1938. States, counties and cities can also set their wage rates higher if they wish.

SGT (Join to see) - Anytime the federal government attempt to flex its muscles the 10th Amendment has bearing. Either the government is within it powers or it is not. The 10th Amendment reinforces that, in fact, the federal government has limited powers and may not extend its authority to those powers reserved to the state or the people.

You know what else would be nice? It would also be nice if we could engage in polite political discussion without the "snark." Engage me on the subject not imagined personality flaws or imagined lack of due diligence to impugn my argument without actually dealing with the subject matter. I'm not here for a shin kicking contest.

For your convenience, I've numbered the clauses of Article 1 section 8 of the Constitution. Which one authorizes a federal minimum wage?

Section 8: Powers of Congress

[1]The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

[2]To borrow Money on the credit of the United States;

[3]To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

[4]To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

[5]To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

[6]To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

[7]To establish Post Offices and post Roads;

[8]To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

[9]To constitute Tribunals inferior to the supreme Court;

[10]To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

[11]To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

[12]To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

[13]To provide and maintain a Navy;

[14]To make Rules for the Government and Regulation of the land and naval Forces;

[15]To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

[16]To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

[17]To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And

[18]To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


In Adair v Children's Hospital the the federal minimum wage was declared unconstitutional. Shortly, the Adair decision was "overturned" by West Coast Hotel v Parish. I put "overturned" in quotations because the West Coast Hotel decision does NOT affirm the constitutionality of a federal minimum wage. The West Coast Hotel decision SPECIFICALLY states that it is not un-Constitutional for a state to establish a State minimum wage. Since the West Coast Hotel decision the federal minimum wage established by the Fair Labor and Standards Act of 1938 has not been challenged.

FDR was able to "back door" a federal minimum wage by making it part and parcel of federal contracts as the United States was focusing on the rise of NAZI Germany and Imperial Japan, thereby getting Americans "used" to it. Because Democrats never let a good crisis go to waste.


https://www.fff.org/2021/02/16/the-supreme-court-declared-the-minimum-wage-unconstitutional/

problem is many think they know how the government works but don't