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To: tahiti

"The minimum wage law is unconstitutional because it violates Amendment V: "nor shall private property be taken for public use without just compensation." "




I haven't really given a lot of thought to this issue, so don't react too harshly. It seems to me that a minimum wage law wouldn't violate Amendment V so much as it would define what 'just compensation' means at a given point in time.


55 posted on 01/14/2005 5:03:14 AM PST by contemplator
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To: contemplator
SUPREME COURT OF THE UNITED STATES

No. 98—963

JEREMIAH W. (JAY) NIXON, ATTORNEY GENERAL OF MISSOURI, et al., PETITIONERS v. SHRINK MISSOURI GOVERNMENT PAC et al.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

[January 24, 2000]

Justice Stevens

"I make one simple point. Money is property;"

Where does the money (property) come from to pay requirements of a minimum wage law?

From the business owners, whether sole proprietor, partnership, or stock holder.

What is the reason and result of a minimum wage law?

For the public use.

A minimum wage law can only be constitutional if there is corresponding tax and compensation mechanism built into the law to adhere to the covenant of Amendment V.

56 posted on 01/14/2005 6:32:43 AM PST by tahiti
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