Resolved: This House would overturn United States v Darby(1941)
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This debate is intended to examine the landmark ruling of the Supreme Court of the United States in United States v Darby 312 US 100(1941).[1-Summary][2-Full Case Brief]
In this case it was decided that a Federally mandated minimum wage was constitutional, and cemented minimum wage laws from there-on to today.
It should be noted that this is an examination of a court ruling, and therefore an acceptance of the validity of the framework set forth by the founding documents of the US. Con has full use and benefit of the principle of stare decisis in legal decision making. Legal arguments take priority, but, the harms and benefits of minimum wage are wholly applicable to argumentation. Basically imagine if both myself and the contender are making a case before SCOTUS today, on this very same ruling. Arguments should thusly be structured accordingly.
It should also be noted that this case established the *Federal* power to mandate minimum wage laws, not states ability to. The states ability to was affirmed in West Coast Hotel Co. v Parrish US 300 US 379(1937).
Thank you for reading and best of luck to whomever accepts this debate!
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How a Bill Becomes a LawCreating laws is the U.S. House of Representatives’ most important job. All laws in the United States begin as bills. Before a bill can become a law, it must be approved by the U.S. House of Representatives, the U.S. Senate, and the President.
The real reason why we need a minimum wage has nothing to do with the welfare of workers or the availability of jobs. Welfare is adequately ensured by in-work benefits, and the State is perfectly happy to create the illusion of employment in order to please voters. No, the minimum wage is necessary to protect taxpayers from the rational desire of firms to get something for nothing.The simple fiscal argument for minimum wage legislation goes like this. Both the UK and the US have systems of in-work benefits that top up wages to a level sufficient to live on. So from firms’ perspective, when there is slack in the labour market (unemployment) they have little incentive to pay wages high enough to live on. And from workers’ perspective, they have little incentive to demand higher wages, especially if the consequence might be unemployment. If there is no minimum wage, therefore, then the co-existence of unemployment with in-work benefits drives down wages to below subsistence level. As the majority of government tax income comes from households, not firms, over time this becomes unsustainable: all unskilled workers become in effect employees of the state, and the higher skilled are forced to subsidise the wages of the unskilled through rising taxes. There would inevitably be calls for in-work benefits to be cut, probably supported by demonization of the poor. Unskilled workers would be subject to the same accusations of “fecklessness” and “scrounging” as the unemployed already receive. So in-work benefits without a legislated minimum wage are fiscally unsustainable and socially divisive when there is persistent unemployment.This simple analysis does of course assume that unemployment is a real threat to a worker’s standard of living. But arguments that the unemployed “choose leisure” imply that unemployment is a choice. If it is, then it cannot really be seen as a realistic threat. If the unemployed can refuse work without cost or sanction, then unemployment benefits themselves act as a minimum wage and there is no need for additional legislation.
The HDI was created to emphasize that people and their capabilities should be the ultimate criteria for assessing the development of a country, not economic growth alone. The HDI can also be used to question national policy choices, asking how two countries with the same level of GNI per capita can end up with different human development outcomes. These contrasts can stimulate debate about government policy priorities.The Human Development Index (HDI) is a summary measure of average achievement in key dimensions of human development: a long and healthy life, being knowledgeable and have a decent standard of living. The HDI is the geometric mean of normalized indices for each of the three dimensions.The health dimension is assessed by life expectancy at birth, the education dimension is measured by mean of years of schooling for adults aged 25 years and more and expected years of schooling for children of school entering age. The standard of living dimension is measured by gross national income per capita. The HDI uses the logarithm of income, to reflect the diminishing importance of income with increasing GNI. The scores for the three HDI dimension indices are then aggregated into a composite index using geometric mean. Refer to Technical notes for more details.The HDI simplifies and captures only part of what human development entails. It does not reflect on inequalities, poverty, human security, empowerment, etc. The HDRO offers the other composite indices as broader proxy on some of the key issues of human development, inequality, gender disparity and poverty.
Facts of the caseIn 1938, Congress passed the Fair Labor Standards Act (FLSA) to regulate many aspects of employment, including minimum wages, maximum weekly hours, and child labor. When a lumber manufacturer, Darby, shipped lumber out of state, he was arrested for violating the FLSA. His charges were dismissed because the federal district court found that FLSA was unconstitutional. The court reasoned that the FSLA’s potential effects on intrastate activities violated the Commerce Clause.The unanimous Court upheld the FLSA. Relying heavily on the Court's decision in Gibbons v. Ogden (1824), Justice Stone affirmed the constitutional power of Congress to regulate interstate commerce, which "can neither be enlarged nor diminished by the exercise or non-exercise of state power." The Court held that the purpose of the FLSA was to prevent states from using substandard labor practices to their own economic advantage by interstate commerce. Congress acted with proper authority in outlawing substandard labor conditions since they have a significant impact on interstate commerce.
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
14, 15, 16
After careful deliberation, I will reserve arguments upon the practical effects of overturning this ruling in the present for the next round.
I was gonna get a little 🔥 spic[sic]🔥about the first part of Cons argument that questioned the authority of Judicial Review as established in the Judiciary Act of 1789, particularly Section 13, and in precedent via Marbury v Madison but feel such an examination facially unnecessary in summary.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
W is yours for this debate, getting the W isnt of particular importance to me so its no skin off me bones
After consideration, with that being said, have the W 👏. I'll just leave this debate to being done with Virtuoso as arguing the same topic twice simultaneously is just something that will melt my brain tbh and I consequentially won't be giving my full effort.