Facts of the Case
In 1974, Congress passed amendments to the Fair Labor Standards Act of 1938. The purpose of the amendments was to regulate minimum wage and overtime pay for state and local government employees. The National League of Cities, as well as several states and cities, challenged the constitutionality of the amendments.
Questions
May Congress, acting under its commerce power, regulate the labor market of state employees, which the Tenth Amendment reserves to the states?
Conclusions
-
Congress may not regulate the labor market of state employees. The Tenth Amendment prohibits Congress from enacting legislation which operates "to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions." While the power of Congress under the Commerce Clause is "plenary," that power has constitutional limits. In this case, the exercise of the commerce power ran afoul of the Tenth Amendment which protects the states' traditional activities.
Book Review: Our Republican Constitution: Securing the Liberty and Sovereignty of We the People
Federalist Society Review, Volume 17, Issue 2
Note from the Editor: This article favorably reviews Randy Barnett’s new book about the Constitution....
Federalism Revived? The Printz and City of Boerne Decisions
Federalism & Separation of Powers Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
The following program was sponsored by the Federalism and Separation of Powers Practice Group at...
Printz v. United States
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
It is something of an annual tradition at the Supreme Court that each Term's biggest...
Separation of Powers and Federalism in the 104th Congress
Federalism & Separation of Powers Practice Group Newsletter - Volume 1, Issue 1, Fall 1996
In the fields of separation of powers and federalism the 104th Congress revisited old issues...
The Great Debate: Attorney General Ed Meese III - July 9, 1985
Speech by Attorney General Edwin Meese III before the American Bar Association on July 9, 1985
? Attorney General Edwin Meese III Before the American Bar Association July 9, 1985, Washington,...
