Hawaii House Bill HCR98

Hawaii 2023 Regular Session

• Introduced: 3/10/23
• Refer: 3/15/23

Caption

Ratifying A Proposed Amendment To The Constitution Of The United States Giving The Congress Of The United States Power To Limit, Regulate, And Prohibit The Labor Of Persons Under Eighteen Years Of Age.

Impact

The resolution references the significant historical framework surrounding child labor, noting previous attempts by Congress to regulate this issue through legislation such as the Keating-Owen Child Labor Act and the Child Labor Tax Law. Both legislative attempts were deemed unconstitutional by the United States Supreme Court, which limited the scope of federal authority over child labor regulations by emphasizing states' rights. The proponents of HCR98 argue that ratification of this amendment would position Hawaii in alignment with an important historical movement towards enhancing child welfare through federal oversight.

Summary

HCR98, a House Concurrent Resolution from Hawaii's Thirty-second Legislature, seeks to ratify a proposed amendment to the United States Constitution, specifically aimed at empowering Congress to regulate and prohibit labor for individuals under the age of eighteen. This legislative move is largely rooted in historical precedents of child labor issues in the United States, acknowledging the amendments and bills that have attempted to address this pressing social concern since the early twentieth century.

Contention

One notable point of contention arising from HCR98 centers around the legislative history that delayed the ratification of the proposed amendment. After the initial attempts in the 1920s, various states have been resistant, viewing the proposal as an infringement of states' rights and a potential expansion of federal power. As noted in the text, Hawaii stands among a group of states that have yet to formally address the amendment, which emphasizes the ongoing debate about the balance of authority between state regulations and federal legislative powers over child labor.