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Child labor, or the use of children as servants and apprentices, has been practiced throughout most of human history, but reached a zenith during the Industrial Revolution. Miserable working conditions including crowded and unclean factories, a lack of safety codes or legislation and long hours were the norm. Crucially, children could be paid less, were less likely to organize into unions and their small stature enabled them to complete tasks in factories or mines that would be challenging for adults. Working children were unable to attend school—creating a cycle of poverty that was difficult to break. Nineteenth century reformers and labor organizers sought to restrict child labor and improve working conditions to uplift the masses, but it took the Great Depression—a time when Americans were desperate for employment—to shake long-held practices of child labor in the United States.

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As progressive child labor reformers gained traction during the last quarter of the 19th century, efforts expanded at the state level to outlaw the employment of small children. The move toward state-level reforms proved challenging. Many states, particularly in the South, resisted the effort. Frequently, child labor law opponents denied the problem existed and aggressively extolled the virtues of children in the workplace. This foiled the goal of achieving uniform laws across the country through state action. The failures at the state level caused many reformers by the early 1900s to believe that a federal law might be the best option. The limited role of the federal government under the Constitution, however, made such a prospect difficult. Many constitutional experts, Congressmen, and Presidents believed such a law was unconstitutional. In the face of widespread public support for curtailing child labor, a law based on the Commerce Clause of the Constitution—giving Congress the authority to regulate commerce between states or with foreign nations—was passed in 1916.

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