Kara Sears
The first federal child labor laws in the United States were passed in 1916 and 1918, but the Supreme Court declared them unconstitutional. The Keating-Owen Act, passed in 1916, was based on the commerce clause of the U.S. Constitution and sought to ban the movement in interstate commerce of certain products of child labor. The Supreme Court, however, ruled that it was unconstitutional in 1918 because it overstepped the purpose of the government's powers to regulate interstate commerce. A second child labor bill was passed in 1918 as part of the Revenue Act of 1919, but it was also found to be unconstitutional in 1922. These early attempts at federal child labor legislation faced legal challenges due to the limited role of the federal government under the Constitution, with many constitutional experts, Congressmen, and Presidents believing such laws were unconstitutional.
| Characteristics | Values |
|---|---|
| Year | 1916 |
| Name of the Act | Keating-Owen Child Labor Act |
| Reason for being declared unconstitutional | Overstepped the purpose of the government's powers to regulate interstate commerce |
| Supreme Court ruling | Hammer v. Dagenhart 247 U.S. 251 (1918) |
| President who signed the Act | Woodrow Wilson |
| Congress's authority to pass the law | Federal government's ability to regulate interstate commerce |
| Amendment to authorize federal child labor legislation | Passed in 1924 |
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What You'll Learn
- The Keating-Owen Act was deemed unconstitutional by the Supreme Court in 1918
- The Child Labor Tax Law, passed in 1919, was also found unconstitutional
- The National Industrial Recovery Act, an attempt to eliminate child labor, was defeated
- The US Constitution's limited federal government role made a federal law difficult
- The conservative political climate of the 1920s blocked child labor law ratification
The Keating-Owen Act was deemed unconstitutional by the Supreme Court in 1918
The Keating-Owen Act, also known as Wick's Bill, was the first child labor bill in the United States. It was enacted in 1916 and aimed to reduce child labor by prohibiting the interstate sale of goods produced by factories that employed children under 14, mines that employed children under 16, and any facility where children under 14 worked at night or for more than eight hours a day. The Act also regulated the hours and wages of child laborers.
Despite its good intentions, the Keating-Owen Act faced legal challenges. In 1918, the Supreme Court ruled that the Act was unconstitutional in Hammer v. Dagenhart. The Court held that the Act overstepped the government's powers to regulate interstate commerce, which are outlined in the Commerce Clause of the Constitution. Specifically, the Court delineated between Congress's power to regulate production and commerce, finding that the Act only regulated the conditions under which goods were made, not the movement of goods in interstate commerce.
The ruling in Hammer v. Dagenhart dealt a blow to opponents of child labor, who had hailed the Keating-Owen Act as a major step forward. However, it is important to note that the Court's decision was not unanimous, with a vote of 5 to 4 rejecting the Act. Justice William Rufus Day delivered the majority opinion, while Justice Holmes dissented, and his dissent would later become the law of the land in 1941.
The Supreme Court's ruling on the Keating-Owen Act left limited options for federal legislation to address child labor. A constitutional amendment was proposed to explicitly grant Congress the power to regulate child labor, but this campaign faced significant opposition and stalled in the 1920s. It wasn't until the Fair Labor Standards Act of 1938 that federal protection against child labor was finally achieved, and even this Act was initially challenged before the Supreme Court.
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The Child Labor Tax Law, passed in 1919, was also found unconstitutional
The Keating-Owen Act, the first child labor bill, was passed in 1916. However, it was ruled unconstitutional by the Supreme Court in 1918. This ruling was based on the argument that the Act overstepped the government's powers to regulate interstate commerce.
Following this setback, Congress passed a second child labor bill in December 1918, known as the Child Labor Tax Law or the Revenue Act of 1919. This law attempted to address child labor by imposing a 10% tax on businesses that hired children. However, this approach was also short-lived, as the Supreme Court struck down the Child Labor Tax Law in 1922 in Bailey v. Drexel Furniture Company. The Court reasoned that Congress's power to regulate interstate commerce did not extend to restricting the states' ability to regulate local trade.
The Child Labor Tax Law was part of a broader movement to address child labor practices in the United States, which had gained momentum due to public outcry over the working conditions faced by children. Despite these efforts, it was challenging to implement uniform laws across the country due to resistance from certain states, particularly in the South. Many constitutional experts, Congressmen, and Presidents believed that federal child labor laws were unconstitutional.
It wasn't until 1938 that Congress successfully passed a child labor law with the Fair Labor Standards Act (FLSA). This law included provisions modelled on the Keating-Owen Act and established the first federal minimum wage of $0.25 per hour. It also limited the workweek to 44 hours and created a division within the Department of Labor to enforce these standards.
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The National Industrial Recovery Act, an attempt to eliminate child labor, was defeated
The Keating-Owen Child Labor Act, passed in 1916, was the first child labor bill. It banned the sale of products from any factory, shop, or cannery that employed children under the age of 14, and from any mine that employed children under the age of 16. The act was based on the government's ability to regulate interstate commerce to curb child labor. However, the Supreme Court ruled it unconstitutional in 1918, stating that it overstepped the purpose of the government's powers.
In the early 1900s, failures at the state level led many reformers to believe that a federal law was the best option to restrict child labor. However, the limited role of the federal government under the Constitution made this a difficult prospect. Many constitutional experts, Congressmen, and Presidents believed such a law was unconstitutional. Despite this, in the face of widespread public support for reducing child labor, a law based on the Commerce Clause of the Constitution was passed in 1916.
In 1912, public outcry over the Lawrence mill strike and Camella Teoli's testimony led President Taft to sign a bill establishing the Children's Bureau. Although this agency had no administrative or legal powers, it could collect research data to present a clearer picture of the conditions children faced. The newly elected President, Woodrow Wilson, expressed little sympathy for federal-level intervention, holding that such laws were unconstitutional.
In 1933, President Franklin D. Roosevelt's New Deal sought to prevent extreme child labor, and almost all of the codes under the National Industrial Recovery Act (NIRA) significantly reduced child labor. The NIRA was part of a series of measures aimed at increasing federal oversight of the workplace and providing jobs for out-of-work adults, thereby creating a powerful motive to remove children from the workforce. The Public Contracts Act of 1936, for example, required boys to be 16 and girls to be 18 to work in firms supplying goods under federal contract.
However, the NIRA was ultimately defeated when it was found to be unconstitutional. It was not until 1938 that Congress passed a child labor law (Fair Labor Standards Act, or FLSA) that was upheld by the Court. The FLSA set a national minimum working age, limited the workweek, and created a department to enforce the law.
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The US Constitution's limited federal government role made a federal law difficult
The US Constitution's limited federal government role made a federal law on child labor difficult. The Constitution's Commerce Clause gives Congress the authority to regulate commerce between states and foreign nations. However, the Supreme Court ruled that the Keating-Owen Child Labor Act of 1916, which aimed to ban the interstate commerce of goods produced by child labor, overstepped Congress's powers. The Court distinguished between Congress's ability to regulate production and commerce.
The limited federal government role meant that even with widespread public support for curtailing child labor, the prospect of a federal law was challenging. Constitutional experts, Congressmen, and Presidents, including Woodrow Wilson, believed such a law was unconstitutional. Wilson expressed little sympathy for the cause, and his position remained consistent since at least 1908.
Reformers and legislators attempted to outlaw child labor through a constitutional amendment, but this effort also failed. President Franklin Roosevelt's attempt to eliminate child labor through the National Industrial Recovery Act was likewise defeated as it was found to be unconstitutional. The Supreme Court's rulings left minimal scope for federal legislation on child labor.
It wasn't until 1938 that Congress passed a child labor law, the Fair Labor Standards Act (FLSA), that was eventually upheld by the Court. The FLSA established the first federal minimum wage, limited the workweek to 44 hours, and created the Department of Labor's Wage and Hour Division to enforce the law. The political climate of the 1920s, with its conservatism and opposition from religious organizations, also hindered the ratification of amendments to address child labor.
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The conservative political climate of the 1920s blocked child labor law ratification
The early 20th century saw a growing movement to end child labor in the United States. The Industrial Revolution had led to a rise in factories and mines, and children were often employed due to their smaller size and lower wages. By 1900, 18% of American workers were under 16. However, the miserable working conditions, long hours, and lack of access to education created a cycle of poverty that was difficult to break.
In 1912, public outcry over the testimony of Camella Teoli and the Lawrence mill strike led President Taft to establish the Children's Bureau. Despite this, and the growing public support for federal intervention, President Woodrow Wilson expressed little sympathy for the cause, believing that federal child labor laws were unconstitutional.
In 1916, Congress passed the Keating-Owen Child Labor Act, which banned the sale of products made by children under 14 in factories, shops, or canneries, and by children under 16 in mines. However, in 1918, the Supreme Court ruled the act unconstitutional, stating that it overstepped the government's powers to regulate interstate commerce.
A second child labor bill was passed in 1918 as part of the Revenue Act of 1919, using the government's power to levy taxes to regulate child labor. However, this too was found to be unconstitutional by the Supreme Court in 1922.
Despite the nation's desire for federal laws against child labor, the Supreme Court's rulings made it difficult for Congress to act. A constitutional amendment was proposed in 1924 to give Congress the power to regulate child labor. However, the campaign for ratification of the amendment faced roadblocks due to the conservative political climate of the 1920s, as well as opposition from farm and church organizations fearing increased federal power.
It wasn't until 1938, with the Fair Labor Standards Act (FLSA), that Congress finally passed a child labor law that was upheld by the Court. The FLSA set a national minimum wage, limited the workweek to 44 hours, and included provisions to prohibit oppressive child labor.
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Frequently asked questions
The Keating-Owen Child Labor Act, passed in 1916, was the first child labor bill. It was ruled unconstitutional by the Supreme Court in 1918 because it overstepped the purpose of the government's powers to regulate interstate commerce.
The Supreme Court's ruling in Hammer v. Dagenhart, 247 U.S. 251 (1918) stated that the Act exceeded the government's powers to regulate interstate commerce. The Court distinguished between Congress's power to regulate production and commerce.
Yes, Congress passed another child labor bill in 1918 as part of the Revenue Act of 1919, also known as the Child Labor Tax Law. This law was also found to be unconstitutional by the Supreme Court in 1922.
The Supreme Court in Bailey v. Drexel Furniture Company, 259 U.S. 20 (1922) ruled that "The power of Congress to regulate interstate commerce does not extend to curbing the power of the states to regulate local trade."
Yes, Congress finally passed a child labor law in 1938 called the Fair Labor Standards Act (FLSA) that was upheld by the Court. The FLSA established the first federal minimum wage, limited the workweek to 44 hours, and created the Department of Labor's Wage and Hour Division to enforce the law.
