Unemployment in the United States

Bibliographic data

Monograph

Identifikator:: 1828236179

URN:: urn:nbn:de:zbw-retromon-226169

Document type:: Monograph

Title:: Unemployment in the United States

Place of publication:: Washington

Publisher:: United States, Government Printing Office

Year of publication:: 1930

Scope:: II, 193 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Closing statement of hon. Robert F. Wagner, United States Senator from the States of Yew York

Collection:: Economics Books

UNEMPLOYMENT IN THE UNITED STATES 173 she | gals hat the om- | she yuh ht, the fate rive ynal tha of wre? O11. nal, :on- ake nal, 5 IS | of I~ 0y- ney not ese 1 of aen WOW 1s, i11e -he aly we on. ere elm lin On, women working in factories at night if they want to? That is depriv- ing them of liberty, of their right to contract.” But, of course, the court came up to date; it had not the old-fashioned notion of consti- sutional government. Mr. Montague. You were dealing under a constitution then of anlimited powers; you were dealing with the New York constitution. The Federal Constitution is a Constitution of limited powers; you were dealing with a constitution of unlimited powers. There 1s a vast difference. I do not say this is unconstitutional, but I say there «s a vast difference in the two cases. Senator WAGNER. The question of being deprived of the freedom of right to contract—that right is guaranteed by the State consti- jution and the Federal Constitution—due process of law, of course. That is protected under both Constitutions. Mr. Tucker. Yes. Mr. MonTaGUE. That is clearly under the police regulation of your State. Senator Wagner. That is the argument made here, that we are ziving the money to the State in return for a surrender of its police powers. Why, the States do not give up anything; they exercise their police power by saying “All right; we will take this money and we will collect these statistics for you; we will cooperate with the other States.” It is no more than if I make a contract with you 0 buy your house for a certain sum of money. I do not give up my right to contract when I make that contract with you; I exercise my right to contract. So the State is not giving up anything; it sxercises the right which it has, It may reject or accept, as it pleases. And all of this talk about coercion of the State is untenable, to put it very mildly. Mr. La Guardia asked Mr. Emory, “Well, if you are opposed to this, do you favor a Federal employment exchange in the States,” and he sald, “Yes; provided they cooperate with the States.” And a little while later, in opposition to this bill, he said ‘The objection I have here is that if the State does not accept the Federal aid, then the Government may itself erect an employment sxchange.” Now what sort of logic is that? Mr. SumNERs. Senator, are you through with that particular statement? Senator WacenNer. I did not finish my historical recitation of the axperience we had in the State of New York. That case went to the Court of Appeals and they sustained the constitutionality of the egislation. They said the State has an interest in its individuals and has an interest in their helath and their welfare, and this is a protective measure in the exercise of its power to protect the health of the people of the State. And that is what this is. Men are starving, hungry, in a country of plenty and some one will talk about some constitutional inhibition of a power which, we have seen exercising from the formation of our Government. And this argument is as old as the Government itself. Mr. Bacuman. I want to say I do not want to be misunderstood. [ have great respect for the opinion of the Senator and the opinion of the court in the State of New York, and as I understand this bill, [ am not disturbed about the constitutional features of it; because [ can see very clearly you try to get around whatever constitutional questions mav be presented against it by the wording of the bill.

Access restriction

Copyright

fullscreen: Unemployment in the United States

Monograph

Chapter

Table of contents

Download

Monograph

Chapter

This page

Image fragment

Citation links

Citation recommendation