Hammer v Dagenhart

Hammer v Dagenhart - 1 Hammer v. Dagenhart, 247 U.S. 251...

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1 Hammer v. Dagenhart, 247 U.S. 251 (1918) Hammer v. Dagenhart No. 704 Argued April 15, 16, 1918 Decided June 3, 1918 247 U.S. 251 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA Syllabus The Act of September 1, 1916, c. 432, 39 Stat. 675, prohibits transportation in interstate commerce of goods made at a factory in which, within thirty days prior to their removal therefrom, children under the age of 14 years have been employed or permitted to work, or children between the ages of 14 and 16 years have been employed or permitted to work more than eight hours in any day, or more than six days in any week, or after the hour of 7 P.M. or before the hour of 6 A.M. Held, unconstitutional as exceeding the commerce power of Congress and invading the powers reserved to the States. MR. JUSTICE DAY delivered the opinion of the court. A bill was filed in the United States District Court for the Western District of North Carolina by a father in his own behalf and as next friend of his two minor sons, one under the age of fourteen years and the other between the ages of fourteen and sixteen years, employees in a cotton mill at Charlotte, North Carolina, to enjoin the enforcement of the act of Congress intended to prevent interstate commerce in the products of child labor. Act of Sept. 1, 1916, c. 432, 39 Stat. 675. The District Court held the act unconstitutional and entered a decree enjoining its enforcement. This appeal brings the case here. The first section of the act is in the margin. Other sections of the act contain provisions for its enforcement and prescribe penalties for its violation. The attack upon the act rests upon three propositions: first: it is not a regulation of interstate and foreign commerce; second: it contravenes the Tenth Amendment to the Constitution; third: it conflicts with the Fifth Amendment to the Constitution. The controlling question for decision is: is it within the authority of Congress in regulating commerce among the States to prohibit the transportation in interstate commerce of
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2 manufactured goods, the product of a factory in which, within thirty days prior to their removal therefrom, children under the age of fourteen have been employed or permitted to work, or children between the ages of fourteen and sixteen years have been employed or permitted to work more than eight hours in any day, or more than six days in any week, or after the hour of seven o'clock P.M. or before the hour of 6 o'clock A.M.? The power essential to the passage of this act, the Government contends, is found in the commerce clause of the Constitution, which authorizes Congress to regulate commerce with foreign nations and among the States…. The thing intended to be accomplished by this statute is the denial of the facilities of interstate
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This note was uploaded on 02/14/2010 for the course PSC 2302 taught by Professor Dr.riley during the Spring '08 term at Baylor.

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Hammer v Dagenhart - 1 Hammer v. Dagenhart, 247 U.S. 251...

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