Word: dagenhart
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Last Monday the Supreme Court handed down one of its rare reversals of a long-spreading opinion, and caught up further on the job of writing social conscience into the Constitution. In an explicit denial of both the language and spirit of the 1916 case of Hammer vs. Dagenhart, (Justice Holmes dissenting), the high court upheld the child labor restrictions of the Wage and Hours Act of 1938. The decision was long overdue and almost universally welcomed. But it should be received with an enthusiasm well-tempered by a realization that the evil of child labor is only indirectly...
...tobacco marketing case was another basic shift effected by Mr. Roberts & friends. By distinguishing between the production of farm goods and their marketing, and declaring the latter a proper sphere for Federal control, the historic commerce clause of the Constitution was liberalized and the ancient precedent of Hammer v. Dagenhart abandoned-one of three landmarks which Janizary Tom Corcoran vowed to erase before leaving Washington...
Forget the days of Hammer-Dagenhart...
...Smith's lack of liberalism; it is his unfamiliarity with a few large landmarks in American constitutional law. The provisions which he suggests are the conventional child labor provisions, sponsored by agitators since the dawn of the twentieth contury, and effectively caught in the impasse of Hammer V. Dagenhart. The supreme court there decided that the interstate commerce regulation of the federal government could not operate against any product on the basis of its antecedent conditions of manufacture. So far as the court is concerned, neither the interstate commerce clause nor the taxing power can act as wedges...
...jurist is the whole problem of the redefinition of constitutionality which will face the ten old men in October. Balancing the Crawford case and the judicial act will be a mere breather beside the dexterity needed to iron out the NRA and the decision in Hammer vs. Dagenhart, which forbids the use of the interstate commerce power as a penalty on antecedent conditions of manufacturers, admittedly the trump around which the whole act is built...