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
In such cases the people of the state have it in their hands to
remove the opposition of their judiciary, by amending their state
constitution so as to permit the desired legislation. This was done
in New York with reference to legislative control of labor performed
in connection with state and municipal works, and in Colorado, with
regard to hours of labor in specified occupations and other branches
of industry which the legislature might deem injurious to health. So
the new constitution of Michigan provides (art. V, § 29) that the
legislature shall have power to enact laws relative to the hours and
conditions under which women and children may be employed. If such
constitutional amendment is adequately framed and the new legislation
conforms to its provisions--in Colorado the supreme court held that
an eight-hour law for women enacted after the amendment fell short of
satisfying the requirements of the amended constitution[72]--there is
nothing but the federal constitution that can be superior to the new
law. If the federal Supreme Court has held that such a law does not
violate the federal constitution, the construction must be binding upon
the state court. True, if the state court should presume to place upon
the federal constitution a construction more unfavorable to legislative
power than the federal Supreme Court, there would be no possibility,
under the federal statutes, of reviewing or reversing that decision,
but it is almost inconceivable that a state supreme court should take
such a position and override the most authentic and authoritative
interpretation of the highest law of the land, provided by that law. As
a matter of fact, such a course has never been taken, and need not be
apprehended.
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