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.
The resolution recognizes the historical context of child labor in the United States, where unregulated labor practices adversely affected the health and welfare of young individuals. Given that previous federal efforts to control child labor have faced legal challenges resolution, this amendment is an attempt to rectify the limitations imposed by court rulings on Congress's regulatory authority. By ratifying this amendment, Hawaii would align itself with the broader national movement aimed at providing stronger protections for minors in the workforce and potentially influence similar actions in other states, which collectively could push for a more unified federal policy.
Senate Resolution 81 (SR81) is a legislative move by the Hawaii Senate to ratify a proposed amendment to the Constitution of the United States aimed at addressing child labor laws. The amendment, first proposed in House Joint Resolution 184 in 1924, intends to grant Congress the power to limit, regulate, and prohibit labor for persons under eighteen years of age. SR81 reflects Hawaii's position among the remaining states yet to officially address this historic proposition, as federal regulation of child labor has evolved through various laws, notably the Fair Labor Standards Act of 1938.
Opponents of the original amendment have historically argued against it on grounds of states' rights and concerns about expanding federal power. Accusations of the amendment being a vehicle for ulterior motives, including claims of communism, have historically impeded its ratification. Supporters of SR81 counter these arguments by emphasizing the need for federal legislation to ensure the safety and welfare of minors in the labor market. The successful ratification of this amendment could signal a critical shift in the balance of regulatory power between state and federal authorities, enabling more cohesive protections under child labor laws.