罗斯福新政时期美国联邦劳工法的发展——以州际关系为视角的研究

摘要

罗斯福新政之前,美国各州的劳工法有所发展,但联邦劳工立法因固守二元联邦主义理论的最高法院的抵制而举步维艰.新政第一阶段通过的相关法律也被最高法院判为违宪, 理由是它们超出了国会州际贸易条款下的权力,而且联邦政府也无权为消除州际竞争而制定统一劳工保护标准.后来,由于罗斯福总统的坚持,再加上最高法院内部人事变动和观念转变, 新政第二阶段有关劳工保护的法律得到肯定. 至此,美国有了联邦统一的劳工保护标准,在一定程度上消除了因各州劳工权益保护水平差异而导致的州际不公平竞争.%Before Roosevelt's New Deal, several states had developed their labor laws in a great way, but federal labor legislation was frustrated by the Supreme Court, which held dual federalism steadily.Relevant laws passed by Congress during the first stage of the New Deal were also annulled by the Supreme Court, reasons given were that they were beyond the Congress's power under the interstate commerce clause, and the federal government had no power to set uniform labor standards to eliminate interstate competitive practices.During the second stage of the New Deal, thanks to President Roosevelt's persistence and changes of members and concepts of the Supreme Court, federal labor laws were conformed.From then on, United States had uniform federal labor standards, which greatly restrained unfair interstate competition caused by various labor standards in different states.