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Constitutional question.. Lawyer needed

Discussion in 'Uncategorized Threads' started by chessney, Nov 4, 2008.

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  1. chessney

    chessney TS Member

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    MIA, what's a card check?...Zig
     
  2. shooterIII

    shooterIII Member

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    I have talked to Union people that I know, one is my foster son, and all he said was huh. They are being led around by the nose by the corrupt Union bosses and don't even know it.
     
  3. Hitapair

    Hitapair Active Member

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    MIA, enlighten us as to what in the Constitution is violated by card check? I can't come up w/ anything and of course there were no unions when the founding fathers drafted the Constitution. Unions are regulated by both Federal and state laws and if Obama and the rest of the left wingers want to change the existing statutes on the Federal level they'll have the votes to do it.
     
  4. pendennis

    pendennis Well-Known Member

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    The secret ballot far predates our U.S. Constitution, and is rooted among other places, in English common law. However, Congress has seen fit, and the Federal Courts have allowed, that the Commerce Clause (Article I, Section 8) is very broadly defined. It has given Congress nearly carte blanche powers to pass labor laws which have favored labor unions. This has gone on since the 1930's.

    The "card check" laws have been upheld by the Supreme Court under Warren.

    The "Fairness Doctrine" is getting increased visibility, and may very well be legislated, since the FCC has slowly stripped away a lot of its provisions. The Federal courts have held variously on a lot of points, but have generally held that the FCC governs.

    The "Fairness Doctrine" may very well become somewhat moot, with the advent of "Youtube" and other web outlets.

    Dennis
     
  5. crusha

    crusha TS Member

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    Card Check legislation will run what is left of American Manufacturing out of the country.


    But forget that...what about when the AH staffs his administration with "Global Warming Wackos?"
     
  6. JBrooks

    JBrooks TS Member

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    There is no direct Constitutional right to a secret ballot in what amount to private elections. However, the power and reach of the Federal Government has been greatly expanded over the years under Article 1, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause. It is this Clause, which give the Federal Government the right to regulate interstate commerce.

    It has been used several times to adjudicate laws and regulations involving both labor and civil rights issues to make them univeral across state lines.
    While arguably it has been stretched way beyond the drafter's original intent or anticipation, it would certainly be the Clause on which any challenge to a labor law preventing secret ballots that might affect the civil rights of the workers.

    By example, without the protection of the anonimity afforded by a secret ballot, a "union" favoring one racial group over another might cause a de-certification vote of the traditional union and then a certification vote of the new "union".

    So, while there is no direct constitutional right to a secret ballot, not having a right to a secret ballot could violate other established constitutional rights.
     
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