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There isn’t a specific line in the Constitution that gives Congress the right to regulate employment. This power of Congress is implied by the powers that are

There isn’t a specific line in the Constitution that gives Congress the right to regulate employment. This power of Congress is implied by the powers that are explicitly written in the Constution. There are 5 axioms of Euclidean Geometry. Those 5 simple axioms have a vast number of implications as evidenced by all the theorems in Euclidean Geometry. In the same way there are logical conclusions to the statements in the Constitution. It is settled law that Congress can regulate employment.

pdonis 2y ago
> This power of Congress is implied by the powers that are explicitly written in the Constution. Which ones, and how?
- rtkwe 2y ago
  Commerce Clause Article 1 Section 8 Clause 3 [0] employees are in a market and they are free to move among the states making it a national market. [0] https://www.law.cornell.edu/constitution/articlei#section8:~:text=To%20regulate%20commerce%20with%20foreign%20nations%2C%20and%20among%20the%20several%20states%2C%20and%20with%20the%20Indian%20tribes%3B https://www.law.cornell.edu/constitution/articlei#section8:~...
  - pdonis 2y ago
    That assumes that employment counts as "commerce", which, as another subthread elsewhere in this discussion will show you, is not an assumption that I think you can just help yourself to.
- skhunted 2y ago
  Obviously the vast majority of legal experts, lawmakers and those knowledgeable on the subject believe Congress has this authority. For instance, every time the minimum wage gets updated one argument against updating it you don't hear people make is that Congress doesn't have the authority to do this. You are welcome to research the topic yourself. There are lots of books on the history of labor rights and labor struggles in the U.S. and the role courts have played in this. But you might be right that the experts on this topic know less than you and that there is no justifiable implied power of Congress to regulate labor markets.
  - pdonis 2y ago
    > Obviously the vast majority of legal experts, lawmakers and those knowledgeable on the subject believe Congress has this authority. The same vast majority of legal experts, lawmakers, and those knowledgeable on the subject also believe: That Congress can delegate legislative power to Executive Branch agencies, in spite of the explicit statement at the beginning of Article I that all legislative power shall be vested in Congress, as long as Congress gives an "intelligible principle" to guide the Executive branch agency (Hampton Co. v. United States); That Congress can regulate a farmer growing wheat for his own use, that never leaves his property, under the Commerce Clause (Wickard v. Filburn); That seizing private homes, evicting their owners, and turning the property over to a private developer is a "public use" under the meaning of the Fifth Amendment (Kelo v. New London). Given the above (and those are just a few examples I thought of off the top of my head), I do not accept that what such a "vast majority" believe is a good guide to what the Constitution actually says.
    - skhunted 2y ago
      Azimov has a famous quote about ignorance that is appropriate. Clearly your ignorance is just as valuable and insightful as the experts.

pdonis 2y ago

> This power of Congress is implied by the powers that are explicitly written in the Constution. Which ones, and how?

rtkwe 2y ago
Commerce Clause Article 1 Section 8 Clause 3 [0] employees are in a market and they are free to move among the states making it a national market. [0] https://www.law.cornell.edu/constitution/articlei#section8:~:text=To%20regulate%20commerce%20with%20foreign%20nations%2C%20and%20among%20the%20several%20states%2C%20and%20with%20the%20Indian%20tribes%3B https://www.law.cornell.edu/constitution/articlei#section8:~...
- pdonis 2y ago
  That assumes that employment counts as "commerce", which, as another subthread elsewhere in this discussion will show you, is not an assumption that I think you can just help yourself to.
skhunted 2y ago
Obviously the vast majority of legal experts, lawmakers and those knowledgeable on the subject believe Congress has this authority. For instance, every time the minimum wage gets updated one argument against updating it you don't hear people make is that Congress doesn't have the authority to do this. You are welcome to research the topic yourself. There are lots of books on the history of labor rights and labor struggles in the U.S. and the role courts have played in this. But you might be right that the experts on this topic know less than you and that there is no justifiable implied power of Congress to regulate labor markets.
- pdonis 2y ago
  > Obviously the vast majority of legal experts, lawmakers and those knowledgeable on the subject believe Congress has this authority. The same vast majority of legal experts, lawmakers, and those knowledgeable on the subject also believe: That Congress can delegate legislative power to Executive Branch agencies, in spite of the explicit statement at the beginning of Article I that all legislative power shall be vested in Congress, as long as Congress gives an "intelligible principle" to guide the Executive branch agency (Hampton Co. v. United States); That Congress can regulate a farmer growing wheat for his own use, that never leaves his property, under the Commerce Clause (Wickard v. Filburn); That seizing private homes, evicting their owners, and turning the property over to a private developer is a "public use" under the meaning of the Fifth Amendment (Kelo v. New London). Given the above (and those are just a few examples I thought of off the top of my head), I do not accept that what such a "vast majority" believe is a good guide to what the Constitution actually says.
  - skhunted 2y ago
    Azimov has a famous quote about ignorance that is appropriate. Clearly your ignorance is just as valuable and insightful as the experts.