PSCI 3322 Lecture Notes - Lecture 12: Minimum Wage Law, Childrens Hospital, Slaughter-House Cases

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Adkins V. Children's Hospital (1923)
Minimum wages for women in DC violate the right to contract
Differs from Maximum hours law for women upheld in Muller V. Oregon. This is
price fixing.
Situation involving women differs now. For example, the 19th Amendment
Minimum wage law s unfair--not related to value of work
Wages are the heart of the contract, minimum wage law takes money away from
an employer
This is an unreasonable law
Substantive Due Process has historically been used to limit state ability to
regulate commerce
Due to the weak nature of interstate commerce, it wasn't necessary to use it for
federal
Jones V. Alfred Mayer Company (1968)
Relates to the Civil Rights Act of 1866
Section 1982 is that act was passed on the authority of the 13th Amendment
Provided that all citizens have the same right as is enjoyed by white citizens to inherit, lease,
sell, and convey property
• The Enabling clause allows Congress to pass laws abolishing all badges and incidents of
slavery
All citizens are entitled to certain rights, such as owning property!
• Such badges and incidents of slavery include those rights that are the essence of civil freedom
such as purchasing and conveying property
"John Marshall Harlan's lone dissent
"Grandson John Marshall Harlan dissents in this case
Arizona V. US
Preemption Doctrine
"Can be expressed in federal laws
"States may be preculded from legislation if Congress has determined
government must be exclusive
"State Law Cannot conflict with federal law
Sometimes the Federal government has occupied particular fields of law
Whenever this happens you get preemption
• There were several state laws regulating undocumented people
"Almost all of those were considered unconstitutional
"There are already federal laws related to immigration
This means that these state laws were preempted
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