ugonow
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Post by ugonow on Jan 27, 2011 15:57:01 GMT -5
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ugonow
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Post by ugonow on Jan 27, 2011 16:17:25 GMT -5
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fairlycrazy23
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Post by fairlycrazy23 on Jan 27, 2011 16:51:00 GMT -5
There is no question in my mind that Federal child labor laws are unconstitutional. Just because a law is 'good' doesn't mean it is legal. What is the constitutional bases for them? The Commerce Clause? Virtually everything can be shoe-horned under the commerce clause, which completely contradicts the idea of a limited Federal Government.
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ugonow
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Post by ugonow on Jan 27, 2011 16:58:10 GMT -5
Having states set ther own child labor laws could help them attract more business also.
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fairlycrazy23
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Post by fairlycrazy23 on Jan 27, 2011 17:04:58 GMT -5
It is doubtful there would be enough of a difference in state child labor laws to entice business.
Child labor law was a good example to illustrate how the Federal Government has overstepped its authority, because it is 'such a good law' nobody wants kids working in sweat shops.
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ugonow
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Post by ugonow on Jan 27, 2011 17:10:01 GMT -5
Same with the Civil Rights Act. Feel good unconstitutional legislation.
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billisonboard
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Post by billisonboard on Jan 27, 2011 17:11:46 GMT -5
It is doubtful there would be enough of a difference in state child labor laws to entice business.
... Sure, now. But with the feds entirely out of the picture.....
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billisonboard
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Post by billisonboard on Jan 27, 2011 18:14:56 GMT -5
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billisonboard
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Post by billisonboard on Jan 27, 2011 18:50:29 GMT -5
I tried to make the point on the old board that for some reason it was OK for Miley Cyrus or Justin Bieber to work and earn money but my kid can only work in the pizza shop a few hours a week. The point being that the laws only apply to some and not others. But, since most people don't get the point, they turn the thread into a "you are jealous because your kid isn't talented" or some discussion which has absolutely nothing to do with my point. I get the point. What if the pizza parlor is one of those that have the wait staff sing Italian songs when they deliver the pizza. Then your kid could work all the time. Wow!!! I never that of that.
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Tennesseer
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Post by Tennesseer on Jan 27, 2011 18:58:57 GMT -5
Would you have to eliminate OSHA laws too?
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MN-Investor
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Post by MN-Investor on Jan 27, 2011 19:00:16 GMT -5
So the question comes to mind - If, as Senator Lee asserts, the Supreme Court declared in 1918 in Hammer v. Dagenhart that federal child labor laws are unconstitutional, then why do federal child labor laws still exist?
Simple. Because that decision was overturned by a unanimous Supreme Court in 1941 in United States v. Darby Lumber Co. You would think that a constitutional lawyer would know that! Talk about lame.
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billisonboard
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Post by billisonboard on Jan 27, 2011 19:00:28 GMT -5
Would you have to eliminate OSHA laws too? To be consistent, I would say yes.
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Deleted
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Post by Deleted on Jan 27, 2011 19:01:26 GMT -5
I doubt its a winning platform...
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billisonboard
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Post by billisonboard on Jan 27, 2011 19:02:42 GMT -5
So the question comes to mind - If, as Senator Lee asserts, the Supreme Court declared in 1918 in Hammer v. Dagenhart that federal child labor laws are unconstitutional, then why do federal child labor laws still exist? Simple. Because that decision was overturned by a unanimous Supreme Court in 1941 in United States v. Darby Lumber Co. You would think that a constitutional lawyer would know that! Talk about lame. Letting facts get in the way of a good thread.
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Tennesseer
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Post by Tennesseer on Jan 27, 2011 19:03:15 GMT -5
OSHA Cites Two Grain Elevator Operators for Willful Safety and Child Labor Violations Jan 26, 2011 2:34 PM, By Sandy Smith OSHA has fined Haasbach LLC in Mount Carroll and Hillsdale Elevator Co. in Geneseo and Annawan, Ill., following the deaths of three workers, including two teenagers. The workers were killed when they suffocated after being engulfed by grain. Total fines total nearly $1.4 million. The department’s Wage and Hour Division’s separate investigation found that Haasbach violated the Fair Labor Standards Act’s Child Labor standards for employing anyone less than 18 years of age to perform hazardous jobs prohibited by the act. As a result, the division issued Haasbach $68,125 in civil money penalties. ehstoday.com/standards/osha/osha-grain-elevator-safety-child-labor-violations-0126/
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billisonboard
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Post by billisonboard on Jan 27, 2011 19:07:42 GMT -5
I doubt its a winning platform... Putting young children to work in unregulated danger jobs isn't a winning platform? Remember, he is from Utah.
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chiver78
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Post by chiver78 on Jan 27, 2011 19:14:49 GMT -5
I tried to make the point on the old board that for some reason it was OK for Miley Cyrus or Justin Bieber to work and earn money but my kid can only work in the pizza shop a few hours a week. The point being that the laws only apply to some and not others. But, since most people don't get the point, they turn the thread into a "you are jealous because your kid isn't talented" or some discussion which has absolutely nothing to do with my point. there are supposed to be labor laws for child actors/singers/whatever as well. that's actually part of why the Olsen twins were picked for the youngest girl on Full House - they split the acting duties, and weren't afoul of the law.
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Loopdilou
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Post by Loopdilou on Jan 27, 2011 19:19:52 GMT -5
Umm, Snerdley.. there are laws governing "celebrity" kids... very strict ones. Why don't you go look them up
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steff
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Post by steff on Jan 27, 2011 19:25:17 GMT -5
There is even a push, because of Khate Gosselin, to regulate & protect kids on reality tv. At this point, there is just a requirement of how much money must be set aside for them, but no regulations.
If I remember correctly, any baby as an "actor" on tv series must be played by twins so they aren't overworked, a percentage of earnings must be saved for them, and tutors must be on site while filming with a certain # of school hours required.
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Tennesseer
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Post by Tennesseer on Jan 27, 2011 19:29:01 GMT -5
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fairlycrazy23
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Post by fairlycrazy23 on Jan 27, 2011 19:46:15 GMT -5
So the question comes to mind - If, as Senator Lee asserts, the Supreme Court declared in 1918 in Hammer v. Dagenhart that federal child labor laws are unconstitutional, then why do federal child labor laws still exist? Simple. Because that decision was overturned by a unanimous Supreme Court in 1941 in United States v. Darby Lumber Co. You would think that a constitutional lawyer would know that! Talk about lame. Maybe there was more to the discussion then presented in that clip. But the logic used to overturn the previous ruling was that anything that might effect interstate commerce is under the authority of the United States Congress. My garage sale could be considered to effect interstate commerce.
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Deleted
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Post by Deleted on Jan 27, 2011 19:48:56 GMT -5
Still doesn't change the fact that Hammer v. Dagenhart was OVERTURNED... unanimously... and is no longer valid law...
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fairlycrazy23
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Post by fairlycrazy23 on Jan 27, 2011 19:52:28 GMT -5
Still doesn't change the fact that Hammer v. Dagenhart was OVERTURNED... unanimously... and is no longer valid law... That is correct.
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ungenteel
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Post by ungenteel on Jan 27, 2011 21:28:49 GMT -5
Coming next to your neighborhood ... "the company store"
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billisonboard
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Post by billisonboard on Jan 27, 2011 21:31:44 GMT -5
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MN-Investor
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Post by MN-Investor on Jan 27, 2011 23:04:52 GMT -5
Off topic - I like that Tennessee Ernie Ford clip. My DH and I were talking with our 8 year old niece this fall and talking about snapping fingers (the kind of things you discuss with an 8-year old). DH told niece that there was a singer who had a famous song where he snapped his fingers throughout the song. His name was Tennessee Ernie Ford. And niece said "Tennessee Ernie Ford? I know him! He was on I Love Lucy." Wow. From an 8-year old!
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Post by marjar on Jan 27, 2011 23:10:17 GMT -5
Off topic - I like that Tennessee Ernie Ford clip. My DH and I were talking with our 8 year old niece this fall and talking about snapping fingers (the kind of things you discuss with an 8-year old). DH told niece that there was a singer who had a famous song where he snapped his fingers throughout the song. His name was Tennessee Ernie Ford. And niece said "Tennessee Ernie Ford? I know him! He was on I Love Lucy." Wow. From an 8-year old! Impressive! I remember that episode.
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ugonow
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Post by ugonow on Jan 28, 2011 8:26:34 GMT -5
More importantly is he has been entrusted to help decide the legality of our laws. His appointment to the Judiciary Committee is a blow to the the constitution haters. The constitution does not provide for the federal government to legislate on these matters.It is a function of the state.This law,the Civil Rights Ast,federal assistance,many overreaches of the fed are going to be under the microscope now to determine their legality and libs hate it. Using the commerce clause for illegal mandates such as these and insurance will not fly under the new regime.
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Deleted
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Post by Deleted on Jan 28, 2011 9:37:22 GMT -5
I'd like to see the law in your state Snerd... i'm curious, thanks.
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Post by marjar on Jan 28, 2011 9:43:09 GMT -5
I'd like to see the law in your state Snerd... i'm curious, thanks. So would I.
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