During consideration of a budget resolution for fiscal 2025 (House Concurrent Resolution 14), Senator Bernie Sanders (I-Vt.) offered an amendment to increase the federal minimum wage to at least $17 an hour over five years.
The Senate rejected Sanders' amendment on April 5, 2025 by a vote of 47 to 52 (Roll Call 184). We have assigned pluses to the nays because the "Fair Labor Standards Act of 1938," which mandates a federal minimum wage for nearly every employee in the United States, is unconstitutional. Nothing in the Constitution authorizes Congress to set the wages of non-federal or private employees. In fact, Article I, Section 8, Clause 3 of the Constitution limits Congress to regulating "Commerce … among the several States," preventing interference by the federal government in intrastate economic matters. The 10th Amendment reinforces that all powers not delegated to the federal government are reserved "to the States respectively, or to the people."