Hawaii House Bill HR105

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

Should H.R. 105 be ratified, it would formally recognize and empower Congress to regulate child labor at the federal level. This shift would likely streamline existing laws under the Fair Labor Standards Act of 1938, which currently governs child labor regulations. However, while the bill aims to protect children from harmful labor practices, it specifies that state laws will remain unaffected unless necessary to enforce federally enacted legislation, reiterating a balance between federal oversight and state rights.

Summary

H.R. 105 seeks to ratify a proposed amendment to the United States Constitution that grants Congress the authority to limit, regulate, and prohibit the labor of individuals under the age of eighteen. The proposal acknowledges the historical context of child labor in the United States, referencing past legislative efforts, such as the Keating-Owen Child Labor Act of 1916, which aimed to curb child labor but was ultimately deemed unconstitutional by the Supreme Court. The bill highlights ongoing challenges in safeguarding children's rights and welfare in the workforce.

Contention

Historical opposition to child labor regulation has often hinged on states' rights, fueled by arguments against the federal government extending its authority over local labor practices. Past campaigns have framed such amendments as threats to state autonomy, leading to significant delays in ratification efforts since the amendment was introduced in 1924. Currently, 15 states have rejected the proposed amendment, indicating a contentious landscape in achieving consensus on child labor laws at the national level.