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redirish28 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 04:50 PM
Original message
Minimun Wage Unconstitutional?
http://www.time.com/time/nation/article/0,8599,2026515,00.html?xid=huffpo-direct


Could the Courts Outlaw the Minimum Wage?


John Raese, the Republican candidate for Senator in West Virginia, is running against the minimum wage. But he is not just saying it is a bad idea — he's arguing that it is fundamentally unconstitutional. Joe Miller, the Republican candidate for Senate in Alaska, is saying the same thing.

Conservatives often oppose attempts to raise the minimum wage and question whether it makes economic sense — as Linda McMahon, the Republican Senate candidate in Connecticut, has done this year. But Raese and Miller are going much further, arguing that Congress lacks the power to adopt a minimum-wage law.


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With the Roberts court ruling that Corporations are People who can give as much money to Campaigns This is something that they may just do...

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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 04:55 PM
Response to Original message
1. Idiotic in theory & practice. The Feds have the power to regulate commerce
Edited on Wed Oct-20-10 04:55 PM by The_Casual_Observer
and anyway, it's about as popular as wanting to do away with Federal Holidays.
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redirish28 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 04:57 PM
Response to Reply #1
2. Oh I do know that but you have to wonder if Some group like Citizens United
Does challenge it in court you have to wonder what the Roberts Supreme court would say.
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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:00 PM
Response to Reply #2
4. They would say that the Feds have the power to regulate commerce.
They wouldn't even take a case like that.
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redirish28 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:01 PM
Response to Reply #4
5. I hope you are right but I don't put anything passed this Court.
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B Calm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 04:59 PM
Response to Original message
3. With these cheap labor cons it's a race to the bottom!
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ZombieHorde Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:04 PM
Response to Original message
6. Yikes, recommended. nt
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Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:04 PM
Response to Original message
7. Minmum wage is based on the General Welfare clause of the Constitution...
As are medicare, social security, etc. etc.
Article I Section 8.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


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DireStrike Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-20-10 05:06 PM
Response to Original message
8. Sometimes I wonder if this wouldn't be a good thing, from a purely political point of view.
We would certainly see a quick rise in pro worker, pro workers' party, and pro union sentiment.

The drawback, of course, is that people would lose their homes and starve.
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