Article I of the Constitution lays out the rules regarding Congress, the legislative branch of the government.
Prompt: Review the Article I U.S. Constitutional provisions.
1. If the power to enact laws is vested in Congress, how is it that there are so many federal agencies that enact regulations that carry the weight and power of law?
2. In addition, evaluate whether Congress should raise the mandatory minimum wage. Consider all aspects you deem relevant (constitutional, economic, etc.) THEN: Discuss which ethical framework would persuade you in an argument in favor of raising the minimum wage. Discuss which ethical framework would support a decision against raising the minimum wage.
Student one:
Article I of the Constitution lays out the rules regarding Congress, the legislative branch of the government. It gives these members exclusive legislation powers, so why is it that so many federal agencies make regulations that are law? Article I Section 8 of the Constitution states “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof” (Article I). The latter part of this statement provides Congress with the ability to legislate agencies into being, and thus delegates legislative authority to them in what is referred to as the delegation doctrine (Saylor Academy, 2012). This is an important aspect and has been since the founding of the nation. Those elected to Congress do not have all the in-depth knowledge of the abundance of agencies and the expertise that the individuals that work there have. Congress thus relays on these agencies to pass relevant regulations. While the agencies have this ability, they do not have carte blanche to create any regulation they please and have it stand as law. There is still a review process. Congress has the ability to pass laws repealing regulations created by agencies, the executive branch can use fiscal policy to influence regulations, and the courts can review the constitutionality of the regulations (Saylor Academy, 2012). So while agencies are not an official branch of government, they are subject, in part, to the same checks and balances as the other branches.
There has been great debate as of late as to whether or not Congress should raise the minimum wage. Congress would certainly have the authority to do so, as the Preamble of the Constitution instructs the government to promote the general welfare (Preamble). The Federal Labor Standards Act of 1938 was the first law to establish a minimum wage for a standard work week and a high scale of overtime (Saylor Academy, 2012). This act has been amended throughout the years scaling the minimum wage upward to where it now stands at $7.25 for non-tipped employees and $2.13 for tipped employees. Additionally, states have the ability to make their own minimum wage law (The Lunt Group LLC, 2018). Given how the Constitution reads and the fact that legislation has been passed and stood since 1938 it is not really a question of does the government have the power to do so, but rather should they? In an economic sense several factors need to be taken into account. Would raising the minimum wage leave individuals better off, or would they still remain in the same state due to rising prices and lack of competition? Would raising the minimum wage impact tax brackets, or would those be restructured? What would it mean to higher skilled workers? There are arguments that a raise in the minimum wage would overall make individuals, especially low earners to become better off. More wages means more money allowing individuals to spend or save as they wish and arguably be able to afford to live a better life. This is the Utilitarian approach to the argument as it would provide maximum happiness and pleasure throughout society (Saylor Academy, 2012). On the counter side of this a social justice theory focused around capitalist thinking would argue that wages should be voluntary by the employer. They can choose to comply with the minimum wage law and thus reap minimum skilled workers, or they can choose to go above the minimum wage law in hopes of attracting better skilled workers based upon the offering of high wages, or a combination of wages and benefits (Saylor Academy, 2012). The arguments on both sides have their validity: what side of the argument one falls on however, depends on what ethical framework one subscribes to. Taking all factors into account, one could argue that in fact even the Utilitarian framework supports against raising the minimum wage. This is based upon the likelihood of small business not being able to stay open because they cannot afford the wage hike resulting in lost jobs, big corporations could chose to cut worker hours, or cut workers. Businesses that do stay open may have to find a way to offset the losses due to wages paid and chose to raise their prices. This would arguably put those minimum wage workers right back in the same position they were in before meaning the best way to keep everyone happy and pleasured is by keeping them employed with low cost goods.
References
Article I. (n.d.). Retrieved from Legal Information Institute: https://www.law.
Preamble. (n.d.). Retrieved from Legal Information Institute: https://www.law.
Saylor Academy. (2012). Administrative Agencies: Their Structure and Powers. In Business Law and the Legal Environment (p. 5.1). Saylor Academy.
Saylor Academy. (2012). Major Ethical Perspectives. In Business Law and the Legal Environment (p. 2.2). Saylor Academy.
Saylor Academy. (2012). Other Employment-Related Laws. Business Law and the Legal Environment: Saylor Academy.
The Lunt Group LLC. (2018). Minimum Wage Laws. Retrieved from Employment Law Handbook: https://www.
Answer preview Article I of the Constitution lays out the rules regarding Congress, the legislative branch of the government.
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