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According to Tea Party: Child Labor Laws unconstitutional:

Started by Suu, January 17, 2011, 03:50:35 PM

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Juana

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Bebek Sincap Ratatosk

Quote from: Hover Cat on January 17, 2011, 09:53:50 PM
The amendment will probably never happen.

Neither will any sort of legal action to repeal the court decision  :lulz:
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The Good Reverend Roger

" It's just that Depeche Mode were a bunch of optimistic loveburgers."
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Suu

"well if dem immigrunts gotta stay, may as well put their kids ta work."
\
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BabylonHoruv

Quote from: Ratatosk on January 17, 2011, 08:41:19 PM
Well, just because its right, doesn't necessarily make it constitutional....

In the 1920's Congress tried to add an amendment to the constitution to place laws about Child Labor into the hands of Congress. However, that amendment failed. A couple decades later they simply passed a law forbidding it and defended it under interstate commerce laws.

Child labor is abhorrent... but the question of constitutional support for a federal law on it is valid.

If goods are sold across state lines they are certainly covered by interstate commerce clauses.  A brewery or Winery could make a case that the law does not apply to them, as they are not allowed to sell across state lines in many cases, but any other business is fully capable of it, so they'd have to comply.
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Telarus

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BabylonHoruv

Quote from: Telarus on January 18, 2011, 02:40:14 AM
Nope, sorry. See http://en.wikipedia.org/wiki/Wickard_v._Filburn



The fact that he didn't choose to export doesn't change the fact that he was able to export.  Beer and Wine producers are not able to export, in many states.
You're a special case, Babylon.  You are offensive even when you don't post.

Merely by being alive, you make everyone just a little more miserable

-Dok Howl

Telarus

But that case wasn't decided on his ability to export.

Filburn argued that since the excess wheat he produced was intended solely for home consumption it could not be regulated through the interstate Commerce Clause. The Supreme Court rejected this argument, reasoning that if Filburn had not used home-grown wheat he would have had to buy wheat on the open market. This effect on interstate commerce, the Court reasoned, may not be substantial from the actions of Filburn alone but through the cumulative actions of thousands of other farmers just like Filburn its effect would certainly become substantial. Therefore Congress could regulate wholly intrastate, non-commercial activity if such activity, viewed in the aggregate, would have a substantial effect on interstate commerce, even if the individual effects are trivial.
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Whatever

So I shouldn't have dropped the brat pack off at the sweat shop this morning?  :sad:



Oops...  :oops:




Cain

Only if they're making stuff crossing state boundaries.

Whatever

Quote from: Cain on January 18, 2011, 03:05:25 PM
Only if they're making stuff crossing state boundaries.

Everything here crosses state boundaries, I can see IL from the window in the kitchen  :lulz:


YAY!! I'm good!!

hooplala

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Very well then I contradict myself,
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Adios

#57
Quote from: Hoopla on January 18, 2011, 03:15:38 PM
The Tea Party is now officially a satire of itself.

and that's the way uh huh uh huh I like it

The Good Reverend Roger

" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

"Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

Whatever

Quote from: Charley Brown on January 18, 2011, 03:24:43 PM
Quote from: Hoopla on January 18, 2011, 03:15:38 PM
The Tea Party is now officially a satire of itself.

and that's the way uh huh uh huh I like it

Ok the mental of Sarah Palin in a dayglo polyester jumpsuit with a gigantic fro is not the way I wanted to start off my morning....  :argh!:

:lulz: