Amendment to Allow the Senate to Set a Minimum Wage

[Colin]

I'd like some feedback as to whether the Amendment in its current state would allow the Senate to establish a separate minimum wage for the insular territories and the federal district or whether further change is needed to preserve that ability.  Given the economic conditions of the insular territories, a level of minimum wage that would have an effect in Atlasia proper would be disastrous there.

I do not believe it would at this time since it would seem to say that the federal minimum wage is applicable in all areas of Atlasia except in areas where it has been raised above the level set by the Senate. So thus the problem for territories and commonwealths associated with Atlasia would arise because as entities that are non-regional they would be subject to the federal minimum wage as set by the Senate.

[True Federalist (진정한 연방 주의자)]

But are the insular areas of Atlasia considered to part of Atlasia or merely controlled by it?  In the United States that issue was settled by the Insular Cases, which established the doctrine that until territory was incorporated into the United States it didn't become part of it as far as constitution protections were concerned.  That's why for example the residents of the Philippines didn't become U.S. citizens while it was controlled by the U.S. (It's also why even today, persons born in American Samoa do not automatically become U.S. citizens at birth.)  If the doctrine of incorporated and unincorporated territory holds for Atlasia, then we don't to explicitly establish that the Senate has the power to set different rates for the minimum wage for the insular territories.  Still, with no precedent from our Supreme Court, I'd rest easier if we made such the power for the Senate to establish a different minimum wage rate explicit, either by amending this amendment or passing a general  amendment that makes the Insular doctrine an explicit part of the Atlasian constitution.

[Colin]

But are the insular areas of Atlasia considered to part of Atlasia or merely controlled by it?  In the United States that issue was settled by the Insular Cases, which established the doctrine that until territory was incorporated into the United States it didn't become part of it as far as constitution protections were concerned.  That's why for example the residents of the Philippines didn't become U.S. citizens while it was controlled by the U.S. (It's also why even today, persons born in American Samoa do not automatically become U.S. citizens at birth.)  If the doctrine of incorporated and unincorporated territory holds for Atlasia, then we don't to explicitly establish that the Senate has the power to set different rates for the minimum wage for the insular territories.  Still, with no precedent from our Supreme Court, I'd rest easier if we made such the power for the Senate to establish a different minimum wage rate explicit, either by amending this amendment or passing a general  amendment that makes the Insular doctrine an explicit part of the Atlasian constitution.

Well thank you for clearing that up for me. Then a specific definition of where this is valid law should be established for this Amendment to be fair to the territories and other possesions of Atlasia.

[Democratic Hawk]

Given the concerns, Senators have expressed re-Insular Territories, I hereby propose that the Amendment read as follows:

The Senate shall have power to set a minimum wage, as it deems necessary. It shall be variable in that one shall be set for the Republic of Atlasia (the Five Regions) and others shall be set for the Insular Territories, at an appropriate level deemed by the Senate. The Regions shall also have power to set a minimum wage, within their jurisdictions, but this shall only have effect where this wage is greater than that which has been set by the Senate.

Hope this fixes things

'Hawk'

[Dr. Cynic]

Actually Senator Hawk, that probably makes things much easier. The reigons should be allowed to set their own wages, but it should not be lower than the national wage.

It's a win-win compromise.

[Democratic Hawk]

I hereby open the vote on the following amendment to this Amendment. Please vote Aye, Nay or Abstain

The Senate shall have power to set a minimum wage, as it deems necessary. It shall be variable in that one shall be set for the Republic of Atlasia (the Five Regions) and others shall be set for the Insular Territories, at an appropriate level deemed by the Senate. The Regions shall also have power to set a minimum wage, within their jurisdictions, but this shall only have effect where this wage is greater than that which has been set by the Senate.

'Hawk'

[Everett]

Aye.

[Democratic Hawk]

Aye

'Hawk'

[Colin]

Aye

[True Federalist (진정한 연방 주의자)]

Aye

[DWPerry]

NAY

[Bdub]

Aye

[Virginian87]

Aye.

[Speed of Sound]

Aye

[Democratic Hawk]

With 7 'Ayes', 1 'Nay'', and 0 Abstentions this amendment has passed

'Hawk'

[True Federalist (진정한 연방 주의자)]

And so we now are reaching the point where we are about to vote on whether to send this amendment to the Regions.  I think we've made this about as good a minimum wage amendment as possible, but the fact is, I think it's far better to use the Earned Income Tax Credit or a similar scheme to achieve the goal of ensuring that workers earn a minimum wage than to require employers pay it directly.  As such, I shall be voting against this amendment.

[I spent the winter writing songs about getting better]

Aye FTR

[Democratic Hawk]

I hereby open the final vote on this Constitutional Amendment. Please vote Aye, Nay or Abstain

The Senate shall have power to set a minimum wage, as it deems necessary. It shall be variable in that one shall be set for the Republic of Atlasia (the Five Regions) and others shall be set for the Insular Territories, at an appropriate level deemed by the Senate. The Regions shall also have power to set a minimum wage, within their jurisdictions, but this shall only have effect where this wage is greater than that which has been set by the Senate.

'Hawk'

[Democratic Hawk]

Aye

'Hawk'

[True Federalist (진정한 연방 주의자)]

Nay

[Colin]

Nay

[Speed of Sound]

Aye

[I spent the winter writing songs about getting better]

Aye

[Everett]

Aye.

[Bdub]

Aye