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Two Senate Candidates Suggest Minimum Wage Is Unconstitutional

By Eric Lipman

I thought running for office on a platform that included repeal of the amendment providing for direct election of senators was odd. "Vote for me so I can take away your right to vote." Now, we've got two theoretically viable candidates for the United States Senate out there blabbing about the federal minimum wage law being unconstitutional. Sigh. Time (via the ABA Journal) is reporting that Republican candidates Joe Miller (Alaska) and John Raese (West Virginia) have been saying, in public, with all sorts of audio and video recording equipment present, that the mimimum wage law is unconstitutional. Not just that it's a silly idea, anti-small business, etc. etc. Those arguments are old news. Miller and Raese are saying Congress does not have the power to enact such a law. Perhaps they should go back and read U.S. v. Darby Lumber Co. Or, even better, Gary Norton's piece on Daily Kos, which is written with the appropriate degree of snark and disdain. I hate traffic and the New York Yankees, but they're not unconstitutional. I know this, and I didn't even go to Yale Law School. Let's go back to talking about who's a witch.

Full post as published by Legal Blog Watch on October 26, 2010 (boomark / email).