Andrew Koppelman: The 1918 Case That May Have Foreshadowed Obamacare's Demise
Andrew Koppelman is professor of law and political science at Northwestern University.
...The parallels between the child labor issue and the health care issue are remarkable. In both cases, the legislation in question was the product of a decades-long struggle. Universal health care has famously been a goal of American liberals since Theodore Roosevelt proposed it in 1912. The movement to abolish child labor, for its part, stretches back to the first years after the Civil War: When the Knights of Labor was founded in 1869, its constitution included a provision calling for abolition of child labor, and a similar position was adopted by the American Federation of Labor when it was created in 1886. The National Child Labor Committee was organized in 1904, and the first federal law was introduced in 1906. For his part, Roosevelt supported a national study of the problem....
Both then and now, challengers to the statutes had to propose that the Supreme Court invent new constitutional rules in order to strike them down. At the time it considered the issue in 1918, there was nothing in the Supreme Court’s case law that suggested any limit on Congress’s authority over what crossed state lines. On the contrary, the Court had upheld bans on interstate transportation of lottery tickets, contaminated food and drugs, prostitutes, and alcoholic beverages....
comments powered by Disqus
- 150 years later, schools are still a battlefield for interpreting Civil War
- Where are America's memorials to pain of slavery, black resistance?
- Richmond split over Confederate history
- The World's Jewish Population Is Nearing Pre-Holocaust Levels
- Bernie Sanders’s Revolutionary Roots Were Nurtured in ’60s Vermont
- Did a historian who said he’s a victim of McCarthyism get the story wrong?
- Stephanie Coontz’s work on the history of marriage cited by the Supreme Court.
- NYT History Book Reviews: Who Got Noticed this Week?
- David Hackett Fischer wins $100,000 prize for lifetime achievement in military writing