The Federal minimum wage should disappear, this very day. People (including judges) supporting a Federal minimum wage of any sort don’t understand three things: running businesses, economics in general, and the Constitution. To help with that, I’ll address each, in order:
1. Others have addressed the problems it poses for job creation, especially small, local businesses. It also leads to job destruction by automation. Besides, the robot drive-thru Jack in the Box eventually uses will give me a hot, better-quality burger, more consistently, without spitting or coughing on it, nor inattentively staring at a cellular telephone and ignoring me, nor copping an attitude at having to (horrors) do its job. Minimum wage raises drag on businesses in somewhat indirect yet costly ways (time spent/wasted on updating compliance protocols and documentation). Worst, they will kill jobs. Do you want that? Perhaps for some jobs, like Burger King, that would be a positive for the customer, but not for the employees laid off.
2. Aside from supply and demand fundamentals, when you make things cost more, for whatever reason (higher fuel prices, higher rents, or yes, costlier food and services due to mandated wage increases) that disproportionately hurts the poor. Though money printing is the biggest contributor to inflation, higher minimum wages have that effect as well. ECON 101 here! Federal min wage also is one-size-fits-all, which is obviously a fallacy. One size doesn’t fit all. Las Cruces isn’t Seattle. Lawton isn’t Key West. Sioux Falls isn’t Brooklyn. If a critical mass of citizens in a city or county desire a minimum wage, against free-market fundamentals, then the vox populus should be enacted on the local level. At least that way it’s unambiguously federally constitutional.
3. For years, I have challenged people to show me where the Constitution specifically authorizes wage control as a federal power. Nobody has been able to yet. If you think you can, please do. Here it is, go for it! I’ve lived in Missouri, so…show me.
Answer: It doesn’t. Therefore, by the algorithmic flowchart that is the Tenth amendment, that is supposed to be a state and local function. Which is good and right, because cost of living and so many other factors in wages vary by state and locality. That’s the real world, not a distant, detached ivory tower.
The first attempt at a federal minimum wage, in FDR’s 1933 “National Industrial Recovery Act,” rightly was struck down by SCOTUS as unconstitutional. The only reason we have one now is FDR’s also unconstitutional court-packing attempt in the Judicial Procedures Reform Bill of 1937. That directly and properly failed, but under ambient desperation of an economic depression, effectively intimidated the SCOTUS into accepting what were, and remain, literally unconstitutional Federal “New Deal” interference in labor issues.
In fact, almost all New Deal and New Deal-inspired “reforms” were (and remain) unconstitutional; however, too much of American society has become hooked on their dependency drug of social aid and governmental intrusion that there’s no political courage to roll them back. Those who place the burden of social “welfare” on the federal level count on the resulting inertia of addictive dependency to perpetuate their grand schemes. Never mind the damage. And so here we are, deeper in the national debt crisis than ever.
