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
- Decades After Trinity Nuclear Test in New Mexico, U.S. Studies Cancer Fallout
- Lawrence Of Arabia's Hand-Drawn, WWI Map Is Up for Auction
- Thousands Of FBI Documents About Civil Rights Era Destroyed By Flooding
- Ancient Egyptian Woman with 70 Hair Extensions Discovered
- Europeans drawn from three ancient 'tribes'
- Conservatives press the case against the new AP framework for US history
- Who wrote the new AP US History framework? Now we know.
- Pro-Israel groups going after federal support of Middle East Studies
- 100th Anniversary of Beard's 'An Economic Interpretation of the Constitution' commemorated
- University of Illinois Bigwig to Native American Studies scholar Jean O’Brien: Drop Dead