The Minimum Wage

by Uma Kukathas (Editor)

Overview

This volume captures the passion and depth of debates over the minimum wage, and examines how the courts have helped to shape minimum wage through their rulings. It presents primary source materials like the text of court rulings and dissenting opinions, as well as analysis and opinion on the rulings. Readers will evaluate the declaration of minimum wage laws as a violation of liberty of contract, and whether minimum wage legislation is constitutional. They will learn the majority and dissenting opinions on the denial of fair labor standards and the upholding of states' rights. They will also evaluate the federalizing of the minimum wage.

Product Details

ISBN-13:	9780737744910
Publisher:	Greenhaven Publishing LLC
Publication date:	11/14/2009
Series:	Issues on Trial Series
Pages:	232
Product dimensions:	6.20(w) x 9.10(h) x 0.70(d)
Age Range:	15 - 17 Years

Table of Contents

Foreword 11

Introduction 13

Chapter 1 Declaring Minimum Wage Laws a Violation of Liberty of Contract: Case Overview: Adkins v. Children's Hospital (1923) 20

1 Majority Opinion: Minimum Wage Law Is a Violation of Liberty of Contract George Sutherland 23

2 Dissenting Opinion: Lawmakers Can and Do Place Restraints on Contracts William Howard Taft 38

3 The Adkins Ruling Was Based on the Justices' Personal Views Rather than on Constitutionality Thomas Reed Powell

4 Adkins Addressed the Constitutionality of the Inequality of Women Joan G. Zimmerman 54

5 The Adkins Decision Was Not Based on Personal Prejudice Hadley Arkes 65

Chapter 2 Upholding the Constitutionality of Minimum Wage Legislation: Case Overview: West Coast Hotel Co. v. Parrish (1937) 70

1 Majority Opinion: The Constitution Does Not Speak of Freedom of Contract Charles Evans Hughes 73

2 Dissenting Opinion: Constitutional Decisions Should Not Be Overturned Because of Historical Circumstances George Sutherland 79

3 In Overturning Adkins the Supreme Court Switched from Opposing to Supporting the New Deal John W. Chambers 87

4 Parrish's Support of New Deal Policies Obviated FDR's "Court-Packing" Plan William E. Leuchtenburg 98

Chapter 3 Denying Fair Labor Standards and Upholding States' Rights: Case Overview: National League of Cities v. Usery (1976) 119

1 Majority Opinion: Federal Minimum Wage Requirements Violate States' Sovereignty William Rehnquist 111

2 Dissenting Opinion: The Court's Decision Is a Blow to Congressional Power William J. Brennan Jr 121

3 National League of Cities Does Not Restrict Personal Rights Laurence H. Tribe 130

4 StateSovereignty Is Not an Abstraction Frank I. Michelman 138

5 Individuals' Rights Do Not Override the Structural Principle of Federalism Robert P. Nagel 157

Chapter 4 Federalizing the Minimum Wage: Case Overview: Garcia v. San Antonio Metropolitan Transit Authority (1985) 167

1 Majority Opinion: State Employers Are Bound by Federal Legislation Harry Blackmun 170

2 Dissenting Opinion: The Court Has Abandoned Federalism Lewis F. Powell Jr 180

3 Garcia Affects the Balance of Power in the Federal System S. Kenneth Howard 185

4 The Court Ignored the Constitution's Institutional Arrangements for Political Convenience A.E. Dick Howard 196

5 Granting Overtime Pay Does Not Destroy State Sovereignty Gary Steven Wigodsky 209

Organizations to Contact 215

For Further Research 219

Index 224

Editorial Reviews

Review: The Minimum Wage "Students should find these sources useful if they are trying to narrow their research topic, gain a deeper understanding of an issue or learn the skills in effectively debating their point."—VOYA, October 2010

From the Publisher