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The impact of the national minimum wage
Effects on raising the minimum wage
Effects on raising the minimum wage
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Article 1, Section 8 of the Constitution of the United States reads “And to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” (Constitution (1787), 2015). The ability for the federal government to “bend” the laws to accommodate the needs of the people are what make people leery of a national government with too much power. This quote is referring to implied powers, which will be defined, along with consequences of McCullough v. Maryland, and how that ruling affects the implementation of laws such as the federal minimum wage, which is an example of implied powers. …show more content…
Maryland is the landmark case decided by Chief Justice John Marshall in 1819 that is considered to be one of the most significant and important decisions of the United States Supreme Court. Many of the local state-charted banks viewed the Bank of the United States as an interloper on their business practices and tried to tax them for their banking practices. James McCullough, who was a cashier at the Baltimore branch of the Bank of the United States refused to pay the tax that the state of Maryland tried to impose, so they then went to court to battle it out. Two main points were questioned during this court case. Did they states have the right to tax any federal institutions that were within their state borders and was it even legal since the Bank of the United States was never mentioned explicitly in the United States Constitution (Schweikart & Allen, 2007). Chief Justice Marshall stated that to tax one aspect of any federal institution would pave the way for the states to be able to tax every aspect of any federal holdings which would therefore result in the federal government being dependent on the states, which is not how the government system was established. In response to that sound reasoning, Marshall ruled that the tax imposed by the state of Maryland was both void and unconstitutional (McCulloch v. Maryland (1819), 2015). This decision was made using the implied powers spelled out, although not explicitly, in the United States Constitution …show more content…
The United States Constitution does not refer to labor laws or minimum wage pay. The Fair Labor Standards Act was put into place under the “implied powers” gray area. There was a desperate need for guaranteed pay, especially for the men who were head of the household, as well as the limit of hours than can be worked in a week Fair Labor Standards Act (1938), 2015). Even though this act was not a part of the Constitution, it was added to protect human rights and for child labor laws as well. Although establishing a minimum wage was a benefit for many people, it also caused problems with employers and their ability to hire more employees. Due to the required increase in pay, employers were unable to hire as many employees, so therefore in many ways, the Fair Labor Standards Act hurt many American’s chances of employment. Many Americans would have gladly worked for less than minimum wage just to be able to work, but now were unable to due to the new federal law (Schweikart & Allen, 2007). The same issues continue today with the federal minimum continuing to rise. Even though it needs to rise so that Americans can afford the basics which is termed the “cost of living”, it still puts the employer in a position to determine if they need to cut the number of
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
Maryland 's main arguments were as follows: 1) they had the right to regulate businesses and taxes within their state 2) the Federal government regulated state banks so why couldn’t a state regulate a Federal bank 3) the Constitution gives the Federal government no authority to set up a bank, and therefore it was unconstitutional. On the other side, McCullough 's arguments were: 1) Congress had deemed the creation of a national bank as necessary and proper as a way to conduct financial operations 2) the Constitution is only a framework and not all national operations that may arise could have been listened 3) the federal government is supreme over the state government, and therefore Maryland has no right to question the Second Bank of the United States. In the end, John Marshall gave his verdict in favor of McCulloch and the federal government. In his explanation, he said because of Article I, Section 8 Congress could indeed do whatever they felt was necessary under the “Elastic Clause”. Also, Marshall referred to the Supremacy Clause when he said “As long as the national government behaved in accordance with the Constitution, it’s policies took precedence over state policies”. Finally, Marshall laid out the groundwork for the “implied powers”, which are the powers of the government which have not been explicitly granted by the Constitution.
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government. The 10th Amendment specifically does not have the word “expressly” in it and it states that “The powers not delegated to the United States… nor prohibited to the states, are reserved to the states respectively or to the people. In 1791 the bank was approved and then it collapsed. It was then reestablished in 1813 and was very successful.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Marbury v. Madison: The Legacy of Judicial Review John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history, he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings, explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analyze the positive effects of the doctrine in American politics.
Despite the downfall of the Federalist Party in the early nineteenth century, John Marshall continued to exert a strong Federalist influence on the government, which acted as a catalyst to ignite political controversy. In the McCullough vs. Maryland trial of 1819, Marshall deemed Maryland taxing the second bank of the United States as being unconstitutional, which gave even more power to the central government. (Doc D) Majority of the American population was against his ruling and refuted it because many people believed that having a strong central government was bad because if a bad decision was made, it would have affected the entire union, whereas if there was a strong state government, a bad decision would have just hurt the state. However, this was not the only time where the economy had failed in the early 1800’s. In 1816, John Randolph addressed congress and stated that it was unjust to tax the poo...
Unlike in the past, under the Articles of Confederation, the states were now led by the national government. The ultimate authority of the Constitution was brought out. The decision set the tone for all future court cases that tested the powers of the state v. the national government. After this case, two principles were brought out. First, the Constitution grants Congress implied powers to be used to carry out expressed powers to create a functional national government. Second, a state cannot impede upon valid constitutional exercises by the Federal government. For the states, the decision was signified a great loss of power. Matthew R. Connelly, author of Power in the Marshall Court: the Political Impact of McCulloch v. Maryland said, “ The decision also indicated to what extent a state could be considered sovereign. The opinion that a state could not tax a federal entity severely restricted a state’s author to tax to those situations explicitly enumerated in the Constitution. In general, the opinion demonstrated that while federal powers would be broadly interpreted, state powers would be significantly limited.” It forever changed the relationship between states and the national government. Without a doubt, the McCulloch v. Maryland case will continue to serve as a model for any future debates over the
The minimum wage was, as it should be, a living wage, for working men and women ... who are attempting to provide for their families, feed and clothe their children, heat their homes, [and] pay their mortgages. The cost-of-living inflation adjustment since 1981 would put the minimum wage at $4.79 today, instead of the $4.25 it will reach on April 1, 1991. That is a measure of how far we have failed the test of fairness to the working poor.” (Burkhauser 1)
Justice William J. Brennan, Jr. wrote a dissent where he argued that the protective sweep represented the type of intrusive unwarranted search that the Fourth Amendment was created to prevent (Maryland v. Buie, n.d.). He also argued that the majority opinion’s limits as to the scope and timeliness of the protective search are not enough to prevent the police from abusing such an unwarranted search (Maryland v. Buie, n.d.). After Justice Brennan wrote his dissent, Justice Thurgood Marshall joined the dissent (Maryland v. Buie, n.d.). In my opinion, I disagree with Justice Brennan. From the facts of the Maryland v. Buie case, on February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland (Maryland v. Buie, n.d.).
The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of thei... ... middle of paper ... ...
Currently, in the United States, the federal minimum wage has been $7.25 for the past six years; however, in 1938 when it first became a law, it was only $0.25. In the United States the federal minimum wage has been raised 22 times since 1938 by a significant amount due to changes in the economy. Minimum wage was created to help America in poverty and consumer power purchasing, but studies have shown that minimum wage increases do not reduce poverty. By increasing the minimum wage, it “will lift some families out of poverty, while other low-skilled workers may lose their jobs, which reduces their income and drops their families into poverty” (Wilson 4). When increasing minimum wage low-skilled, workers living in poor families,
According to Principles of Macroeconomics by Gregory Mankiw, “The U.S. Congress first instituted a minimum wage with the Fair Labor Standards Act of 1938” (Mankiw 4-119). Minimum wage is used to set a limit of pay employers must pay their employees. Through the years the minimum wage has raised as productivity has raised. The minimum wage has constantly fluctuated and changed multiple times.
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.