Editing Child Labor Amendment (section)

==Judicial history==

Only five states adopted the amendment in the 1920s. Ten of the states initially balked, then re-examined their position during the 1930s and decided to ratify. These delayed decisions resulted in many controversies and resulted in the 1939 Supreme Court case ''[[Coleman v. Miller]]'' (307 U.S. 433) in which it was determined that the Child Labor Amendment remained pending before the state legislatures because the 68th Congress did not specify any deadline. The ruling also formed the basis of the unusual and belated ratification of the [[Twenty-seventh Amendment to the United States Constitution|27th Amendment]] which was proposed by Congress in 1789 and ratified more than two centuries later in 1992 by the legislatures of at least three-fourths of the 50 states.

The common legal opinion on federal child labor regulation reversed in the 1930s. Congress passed the [[Fair Labor Standards Act]] in 1938 regulating the employment of those under 16 or 18 years of age. The Supreme Court ruled unanimously in favor of that law in ''[[United States v. Darby Lumber Co.]]'' (1941), which overturned ''Hammer v. Dagenhart'' – one of the key decisions that had motivated the proponents of the Child Labor Amendment. After this shift, the amendment has been described as "moot"<ref>{{cite book |url=https://books.google.com/books?id=T0IGUhxqUuYC&pg=PA63 |title=Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2002 |first=John R. |last=Vile |page=63 |publisher=ABC-CLIO |year=2003 |isbn=9781851094288}}</ref> and lost the momentum that had once propelled it;<ref>{{cite book |url=https://books.google.com/books?id=M382Q2ORQWQC&pg=PA125 |title=The Living Constitution |pages=125–126 |first=David A. |last=Strauss |year=2010 |publisher=Oxford University Press |isbn=9780195377279}}</ref> hence, the movement for it has advanced no further.<ref>{{cite book |url=https://archive.org/details/americanconstitu0000grif |url-access=registration |title=American Constitutionalism: From Theory to Politics |first=Stephen M. |last=Griffin |author1-link=Stephen M. Griffin |year=1998 |isbn=9780691002408 |publisher=Princeton University Press |page=[https://archive.org/details/americanconstitu0000grif/page/89 89]}}</ref>

If ever ratified by the required number of [[United States|U.S.]] state [[legislature]]s, the Child Labor Amendment would repose in the [[Congress of the United States]] shared jurisdiction with the states to legislate on the subject of [[child labor]].