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While the Child Labor Amendment was never ratified, it was informally adopted in United States v. Darby (1941). No other unratified amendment can say the same. This paradigm contributed to the creation of a new constitutional order consisting of increased congressional power based on an updated understanding of the Commerce Clause and a reinforcement of the Supreme Court’s position as the final arbiter of constitutional interpretation, for better and for worse.

Harvard College Senior Sam Lowry presents his senior thesis:

The Child Labor Amendment and the Creation of a New Constitutional Order