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Hammer v Dagenhart

Hammer v Dagenhart - reserved" to the states and to the...

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Hammer v. Dagenhart [The Child Labor Case] 1918 I. Facts a. b. II. Legal Questions presented a. Does the congressional act violate the Commerce Clause, the Tenth Amendment, or the Fifth Amendment? b. Does Congress have the authority to regulate commerce of goods that are manufactured by children under the age 14, as specified in the Keating-Owen Act of 1916 , and is it within the authority of Congress in regulating commerce among the states to prohibit the transportation in interstate commerce of manufactured goods by the child labor description above? III. Answers a. Day spoke for the Court majority and found two grounds to invalidate the law. Production was not commerce, and thus outside the power of Congress to regulate. And the regulation of production was reserved by the Tenth Amendment to the states. Day wrote that "the powers not expressly delegated to the national government are
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Unformatted text preview: reserved" to the states and to the people. In his wording, Day revised the Constitution slightly and changed the intent of the framers: The Tenth Amendment does not say "expressly." The framers purposely left the word expressly out of the amendment because they believed they could not possibly specify every power that might be needed in the future to run the government. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes Comparison to lottery case The evil in this case is not in the product, but in the labor. Production/Commerce Commerce succeeds to manufacture, manufacturing is not part of it States regulate production, feds regulate commerce...
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