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H 3845

Resolutions ratifying the proposed amendment to the Constitution of the United States for federal regulation of child labor

194th Legislature (2025-2026) Introduced by Shirley Arriaga and 4 co-sponsors

Massachusetts ratifies proposed constitutional amendment granting Congress explicit power to regulate child labor, requiring 38-state approval to become law.

Accompanied a study order, see H5466 (under House Rule 27)
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Bill Summary · H 3845

Legislative bill overview

H 3845 is a state resolution ratifying a proposed federal constitutional amendment that would grant Congress explicit power to regulate child labor nationwide. Massachusetts would become one of the states needed to reach the three-fourths majority (38 states) required for constitutional amendment ratification. This represents a significant expansion of federal authority over labor practices traditionally regulated at the state level.

Why is this important

Child labor remains a concern in certain U.S. industries and agricultural sectors, and a constitutional amendment would enable comprehensive federal legislation without relying on the Commerce Clause or other indirect constitutional routes. Currently, federal child labor protections exist through statute (Fair Labor Standards Act), but a constitutional amendment would place this authority on firmer legal ground and potentially make laws more difficult to challenge in court. The ratification process itself is rare—only 27 amendments have been ratified since 1789—making this a consequential decision.

Potential points of contention

  • Federal vs. state authority: Critics may argue this further centralizes labor regulation and reduces state flexibility in setting age-appropriate work standards for local economies and agricultural traditions.
  • Constitutional necessity debate: Some contend existing federal statutes already adequately address child labor and that a constitutional amendment is unnecessary or represents judicial overreach prevention.
  • Scope ambiguity: The amendment's precise language on what constitutes regulable "child labor" (excluding family farms, part-time work, etc.) remains unclear and could generate implementation disputes.

Compiled from official sources — confirm details with the bill’s official record.

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