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
It is one of the dominant features of our constitutional system
that the nation, except for the regulation of interstate and foreign
commerce, has debarred itself from the active and positive care of
social and economic interests. The other great federated commonwealths
of the world have more liberal provisions in this respect. Germany
has assigned to the imperial power the whole subject of trade and
industry; the Swiss constitution of 1874 mentions as subjects of
federal legislation hours of labor and the care of health in factories;
in Canada the Dominion is given residuary powers which cover the bulk
of industrial legislation, and Australia by a wise provision allows
any two or more of the states to refer to the federal parliament any
matters to be regulated for the referring states jointly. The United
States has by its constitution undertaken to safeguard individual right
as an immunity from governmental oppression, but not as an immunity
from private exploitation which falls short of reduction to practical
servitude. Congress cannot enact protective measures for women in
industry applicable to the nation at large. Its position is in this
respect the same as with regard to child labor. It has been suggested
that the United States might and should debar products manufactured
by child labor from interstate or foreign commerce, and if this were
practicable, women’s work might be controlled in the same way. Such a
legislative contrivance would violate the spirit, if not the letter,
of the constitution, and on that account would meet with strong and
legitimate opposition.
It is undoubtedly an anomaly, that our arbitrary and artificial state
lines should stand in the way of such uniformity of industrial control
as competitive industrial conditions may demand. A certain measure
of unity may perhaps be achieved by the hitherto untried method of
legislative agreements between several states, subject to the consent
of Congress. But under the limitations of state constitutions, such
unity would be a precarious thing, and its possibility has hardly been
discussed.
Public-domain text, read in full here on John Shaqi.
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