Directions: Have students read the introduction below, then review the resources above. Justice Holmes interpretation is more consistent with modern ones. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. THE ISSUE In Hammer v. Dagenhart, the Supreme Court was charged with assessing both the Commerce Clause and the Tenth Amendment with respect to the relative powers of federal and state governments. The consent submitted will only be used for data processing originating from this website. In a decision overturned decades later, the Court held that Congress had overstepped its constitutional power in attempting to regulate the production of goods. Hammer v. Dagenhart Case Brief Statement of the facts: Congress passed the the Act in 1916. [2] At issue was the question: Does Congress have the authority to regulate commerce of goods that are manufactured by children under the age 14, as specified in the KeatingOwen Act of 1916, and is it within the authority of Congress in regulating commerce among the states to prohibit the transportation in interstate commerce of manufactured goods by the child labor description above? No. The court ruled that the Keating-Owen Child Labor Act was unconstitutional on three main grounds elaborated in the majority opinion, written by Justice William Day. Holmes also took issue with the majority's logic in allowing Congress to regulate goods themselves regarded as immoral, while at the same time disallowing regulation of goods whose use may be considered just as immoral in a more indirect sense: "The notion that prohibition is any less prohibition when applied to things now thought evil I do not understand to say that it is permissible as against strong drink but not as against the product of ruined lives. Dagenhart challenged this act with the help of employers who wanted to continue to use child labor and sued the federal government. Hammer v. Dagenhart was a test case in 1918 brought by employers outraged at this regulation of their employment practices. By 1910, a majority of the states had begun to implement child labor laws, however, the Federal government decided to step in with the Keating-Owen act, also known as the Child Labor act, to stop the practice of child labor. This ruling therefore declared the Keating-Owen Act of 1916 unconstitutional. T. he Court held that the purpose of the Act was to prevent states from using unfair labor practices for their own economic advantage through interstate commerce.
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