The economic position of womenAcademy of Political Science in the City of New York
History
The economic position of women
Academy of Political Science in the City of New York
Women -- Employment -- United States; Women -- United States -- Economic conditions
Attention has been called to the conflicting views of the courts of
New York and Illinois, and the federal Supreme Court, with reference
to the constitutional rights of women. Similar differences may appear
with regard to drawing the line between legitimate and arbitrary
discrimination. It is important to observe that the more liberal view
in favor of the legislative power held by the Supreme Court of the
United States is not binding on the states. It is different where the
state courts take the more liberal view. When the Supreme Court decided
that a ten-hour law for bakers violated the fourteenth amendment, the
New York law fell, and similar legislation in all other states was
invalidated or made impossible. If the Supreme Court should decide, as
it probably would, that the prohibition of night work of women does not
violate the fourteenth amendment, the court of appeals of New York,
while it might revise and overrule its own decision to the effect that
such prohibition is invalid, would not be bound to do so, but would
have the right to insist that the constitution of New York protects
individual right against legislative power more effectually than does
the federal constitution. And so it is well understood that the supreme
court of Illinois, in passing upon the validity of the ten-hour law of
that state, copied from the law of Oregon which the Supreme Court of
the United States sustained, is not bound, though it may be properly
influenced, by that decision; the federal authority is persuasive,
but not controlling. This results from the fact that the fourteenth
amendment was enacted as a protection against the abuse of legislative
power, and is not concerned with legislative inaction or impotence,
induced by the construction which the state courts put upon the state
constitution.
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