Abstract

In 1909, the leaders of the American Association for Labor Legislation launched a campaign to eradicate phosphorus matches from the American market. Because phosphorus match workers often contracted a hideous disease called phosphorus necrosis (or “phossy jaw”), many European countries had already prohibited the poison matches from their markets. In the United States, nearly all interested parties supported legal abolition but found that the nation's federal system constituted a formidable obstacle. No state wanted to be the first to act (for fear of driving industry from its borders), and the federal government lacked the power to regulate intrastate economic activity. This article examines how, in order to circumvent the federalism obstacle, an alliance of academic reformers and business leaders worked to tax phosphorus matches out of existence—that is, to use the federal taxing power as a regulatory instrument.

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