The broader question is, are our national child labor laws benevolent or destructive?
I don't think we want to see little kids working in sweat shops 18 hours a day. But the idea that kids can't work at all is crazy. Why is it better to hang around getting into trouble than doing a few hours honest work every day?
Most of my kids have worked when they got old enough, and it has always been a positive experience for them. Play time is important too, but after kids pass a certain age they need to have something to do and some sense of what it means to earn your own money.
Now that we have Schwarzenegger's stupid Sierra-Nevada CONservancy, we'll soon have the remaing private timberland shut down an the remaining 5% of mills, with it!!!
Then the kids can't even play in the sawdust piles on weekends!!!
I think the "broader question" is are national child labor laws constitutional?
For the sake of argument, I will acknowledge, reluctantly, that Congress has jurisdiction and power for such a federal law emanating from the "commerce clause" (when did a "foreign nation," or "one of the several states" or "Indian tribes" become a private business?), but such power has to respect the Bill of Rights.
Amendment IX
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others (rights) retained by the people.
Is not the decision as to whether children work or not a right "retained by the people," or their parent(s)?