Child Labor Amendment

The Child Labor Amendment is a proposed and still-pending amendment to the United States Constitution that would specifically authorize Congress to regulate "labor of persons under eighteen years of age". The amendment was proposed on June 2, 1924,[1] following Supreme Court rulings in 1918 and 1922 that federal laws regulating and taxing goods produced by employees under the ages of 14 and 16 were unconstitutional.

The majority of the state legislatures ratified the amendment by the mid-1930s; however, it has not been ratified by the requisite three-fourths of the states according to Article V of the Constitution and none has ratified it since 1937. Interest in the amendment waned following the passage of the Fair Labor Standards Act of 1938, which implemented federal regulation of child labor with the Supreme Court's approval in 1941.

The amendment was itself the subject of a 1939 Supreme Court decision, Coleman v. Miller (307 U.S. 433), regarding its putative expiration. As Congress did not set a time limit for its ratification, the amendment is still pending before the states. Ratification by an additional ten states would be necessary for this amendment to come into force. In recent years, lawmakers in several states have introduced bills to ratify the amendment.

  1. ^ 65 Congressional Record 10142