Could Minimum Wage Be Ruled Unconstitutional?

12/20/2010 05:12 am ET | Updated May 25, 2011

It sounds like a bizarre argument to make. The federal minimum wage has been around since Franklin D. Roosevelt signed the Fair Labor Standards Act in 1938. In 1941, the Supreme Court upheld it by a unanimous vote, in a decision written by a Republican Justice. Among legal experts, there is little real debate about the minimum wage's constitutionality.

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