Timeline for Could the US fed gov reduce a state's minimum wage?
Current License: CC BY-SA 4.0
9 events
| when toggle format | what | by | license | comment | |
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| Oct 17, 2023 at 18:12 | comment | added | bharring | For an example of how dual sovergnty works, look at pot. Most states make it illegal. Federal law makes it illegal. A State removing their law making it illegal doesn't actually make pot legal. But the difference in enforcement means its effectively legal. | |
| Oct 17, 2023 at 18:10 | comment | added | bharring | @SJuan76 A State law setting a minimum wage below the federal minimum wage would be valid. It mostly wouldn't matter because people would usually comply with the federal law. But in the details, both laws are on effect. | |
| Oct 17, 2023 at 17:15 | comment | added | IllusiveBrian | @user84614 In most cases there's a rational relationship between the powers enumerated for Congress in the Constitution and how it gives them the power to pass a law, and if Congress has the power to regulate something then states can't contradict federal regulation. The Commerce Clause is special because SCOTUS has ruled that Congress has the power to pass anything they want as long as it includes a reference to interstate commerce, so I think the argument in the answer is that it could be used to preempt state laws. Maybe the answer could briefly explain federal preemption. | |
| Oct 17, 2023 at 12:24 | comment | added | SJuan76 | Or put the other way: if a state issued a law setting a minimum wage that is under the federal limit, that law would be invalid. So the very example you point in your question is a law that limits the states ability to issue laws. A law setting a maximum would not be that different, provided that SCOTUS agreed that it was constitutional. | |
| Oct 17, 2023 at 12:20 | comment | added | SJuan76 | @user84614 It is not "a law regulating what laws can exist", but stating which are the limits to state laws. The Interstate Commerce Clause was used, among other things, to forbid racial discrimination in accomodation. If there is a federal law, and SCOTUS holds that its reach is within the powers of the federal powers, then all state (and lower laws) contradicting it are invalid. | |
| Oct 17, 2023 at 2:03 | comment | added | user84614 | Something just feels very unintuitive about a law regulating what laws can exist, even if they're state laws. Outside of the Constitution (which I know has been applied to state laws). So I just want to confirm. Hopefully I'll find an answer someplace | |
| Oct 17, 2023 at 1:55 | comment | added | Rick Smith | @user84614 - They would probably, suitably modify 29 U.S. Code § 206 - Minimum wage to create an exception under paragraph (a) to identify state minimum wages and add text expressing the limits. I have no idea how it would be expressed. | |
| Oct 17, 2023 at 1:30 | comment | added | user84614 | Thanks. How would Congress phrase that? Minimum wage laws are illegal? Or no state government may prevent an individual from being employed at a certain rate? I'm only familiar with laws regulating private individuals and businesses so I'm not sure how they would regulate state governments, wording-wise. | |
| Oct 17, 2023 at 1:15 | history | answered | Rick Smith | CC BY-SA 4.0 |