On matters of predatory employment practices and a fifty-dollar federal minimum wage
Today, we confront a question that strikes at the very foundation of our Republic: whether businesses may profit at the expense of the liberty and dignity of their employees. Let me be unequivocal: NO BUSINESS is entitled to profit by trampling on the constitutional guarantees of freedom, fairness, and economic justice. The proposal for a $50 federal minimum wage is not just a matter of policy—it is a moral and constitutional imperative.
I. The Constitutional Foundation for a Living Wage
The Constitution does not enshrine the right to profit; it enshrines the right to liberty. And liberty, as the Court has long held, is meaningless without the means to exercise it. As was recognized in West Coast Hotel Co. v. Parrish (1937), “The exploitation of a class of workers who are in an unequal position with respect to bargaining power” is a matter for legislative correction. Poverty wages—those so low that they reduce workers to economic serfdom—are an affront to this principle.
The Commerce Clause empowers Congress to regulate labor conditions that affect interstate commerce, and the Thirteenth Amendment prohibits all “badges and incidents” of slavery. Poverty wages are precisely such badges, perpetuating cycles of dependence and coercion that strip workers of their autonomy. In Bailey v. Alabama (1911), the Court struck down laws compelling labor through criminal penalties, recognizing them as thinly veiled attempts to perpetuate slavery under another name. Today’s poverty wages achieve similar ends through economic coercion rather than legal compulsion.
Critics wail that a $50 minimum wage is too high, that it will destroy businesses or lead to economic chaos. BALDERDASH! As held in United States v. Darby (1941), Congress has the authority to set minimum labor standards to protect workers from exploitation and ensure fairness in the marketplace. Businesses are not entitled to profit by paying their employees less than what it costs to live with dignity.
II. No Business Above Liberty
Let us be clear: no business has a constitutional right to exist if its existence depends on exploiting its workers. Profit is not sacrosanct; liberty is! As recognized in Jones v. Alfred H. Mayer Co. (1968), Congress has broad authority under the Thirteenth Amendment to legislate against practices that perpetuate servitude—whether those practices involve physical chains or economic ones.
Exclusionary clauses? Invasive physical inspections to include routine inspection of bodily fluids? Intrusive psychological exams? These ridiculous and repugnant practices are straight up old-world slavery!
The Thirteenth Amendment’s prohibition on slavery extends beyond chains and whips; it encompasses all “badges and incidents” of servitude (Jones v. Alfred H. Mayer Co., 1968). Exclusionary clauses—designed to trap workers in cycles of dependency—are nothing less than economic shackles. Invasive inspections degrade human dignity in ways eerily reminiscent of the physical examinations inflicted upon enslaved people at auction blocks.
These practices violate not only the Thirteenth Amendment but also the Fourth Amendment’s protections against unreasonable searches (Katz v. United States, 1967). The workplace is not a constitutional void where employers may act as petty tyrants over their employees’ bodies and minds.
III. Predatory Employment Breeds Predatory Lending
The exploitation does not stop at employment; it spills over into predatory lending practices that prey on workers trapped in low-wage jobs. When businesses pay poverty wages, they drive their employees into the arms of unscrupulous lenders who profit from their desperation—a cycle the Court condemned in Griffin v. Breckenridge (1971) as perpetuating conditions akin to involuntary servitude.
Predatory lending is nothing less than economic enslavement—a modern iteration of debt bondage that violates both the spirit and letter of the Thirteenth Amendment (Bailey v. Alabama, 1911). Congress has both the power and the duty under Section 2 of the Thirteenth Amendment to legislate against such practices.
IV. Economic Liberty
A $50 minimum wage is not just economically sustainable; it is constitutionally required to preserve liberty itself. Workers who earn enough to meet their basic needs without resorting to predatory loans or unsafe conditions or public assistance reclaim their autonomy—a right guaranteed by our Constitution.
As held in Home Building & Loan Ass’n v. Blaisdell (1934), “The Constitution was made for an undefined and expanding future.” That future demands bold action today—a $50 federal minimum wage that ensures every worker can participate fully in our economy and society.
These measures are about enforcing the Constitution’s guarantees of liberty, equality, and human dignity against those who would sacrifice them on the altar of profit. The Constitution does not tolerate half-measures when it comes to liberty or dignity. Whether it is replacing high school with rigorous legal training (if they can’t afford the lawyers, they must be the lawyers) or striking down exploitative workplace practices as unconstitutional relics of servitude, we must act boldly and decisively. The Constitution is not a living organism… it is a legal document. But within its fixed text lies an enduring promise that no American shall live in chains—whether those chains are forged from iron or from economic despair.
The Founders pledged their lives, fortunes, and sacred honor to create this Republic—not so businesses could exploit its citizens but so every American could live free from tyranny, whether imposed by kings or corporations.
