HF 3275

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 12:14pm

A resolution
memorializing Congress that the Legislature of the State of Minnesota reaffirms its
ratification of the Child Labor Amendment to the United States Constitution.

WHEREAS, widespread child labor was common in the 1800's and into the early 1900's;
and

WHEREAS, the United States Supreme Court ruled in 1918 in Hammer v. Dagenhart that
Congress did not possess the authority to regulate child labor prompting the writing of the Child
Labor Amendment; and

WHEREAS, the Child Labor Amendment authorizes Congress "to limit, regulate, and prohibit
the labor of persons under eighteen years of age" and recognizes state legislatures sharing that
authority with Congress; and

WHEREAS, the Child Labor Amendment was passed by Congress in 1924 and sent to the
states for ratification, and the Minnesota Legislature ratified it in 1933; and

WHEREAS, no state has ratified the Child Labor Amendment since 1937 and in 1941 the
United States Supreme Court overturned Hammer v. Dagenhart in United States v. Darby Lumber
Co.; and

WHEREAS, while United States v. Darby Lumber Co. remains precedent, since 2018 there
has been renewed interest in the ratification of the Child Labor Amendment, including passage by
the Hawaii Senate in 2021 and 2022 and introduction in several other state legislative chambers;
NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it reaffirms its ratification
of the Child Labor Amendment to the United States Constitution.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this memorial and transmit them to the President of the United States, the
President and the Secretary of the United States Senate, the Speaker and the Clerk of the United
States House of Representatives, and Minnesota's Senators and Representatives in Congress.