There's no constitutional authority for a federal minimum wage. If you think there is, guide me to it in the text of the Constitution.![]()
Robo, regarding the 1941 U.S. Supreme Court case of United States Vs Darby, this was excerpted from the site of:
http://www.casebriefs.com/blog/law/...n/the-commerce-power/united-states-v-darby-2/
Respectfully, Supposn
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Brief Fact Summary. Darby was charged with violating the Fair Labor Standards Act (the Act) by failing to comply with minimum wage and hour requirements for employees. He challenged the violation, claiming the regulation on intrastate wages and hours did not fall within the commerce powers of Congress.
Synopsis of Rule of Law. If the regulated intrastate activity has a substantial effect on interstate commerce, Congress may regulate the activity regardless of Congress’s motive.
Facts. Darby, a lumber manufacturer challenged the constitutionality of the Act. Darby paid employees below the prescribed minimum wage and forced employees to work beyond the prescribed maximum weekly hours. The District Court found the Act was beyond the powers of Congress because it attempted to regulate hours and wages of employees in local manufacturing activities. The finding was appealed to the United States Supreme Court (Supreme Court).
Issue. Do the wages and hours of local employees have such a substantial impact on interstate commerce as to allow Congress to constitutionally regulate them?