WIN: NLRB Sues Four States Alleging Their Ban On Majority Signup Violates Federal Labor Law

1/17/2011
By Doug Cunningham

The National Labor Relations Board is suing Arizona, South Carolina, South Dakota and Utah for preventing workers from choosing to organize unions through the use of majority sign-up, or card check.

State constitutional amendments in those states bar the use of majority sign-up union organizing. The NLRB says they conflict with federal labor law and federal law trumps the states on this issue.

Right-wing, anti-labor groups pushed the amendments in these four state to advance their pro-corporate, anti-worker agenda.

Federal law gives workers the option of secret ballot elections or majority sign-up. These states are trying to take the majority sign-up card check right away from workers.

The NLRB says that right is protected by federal law.

Rightardia is happy to see the federal government going after these states. This would have never happened if a Republican was president.

The Supremacy Clause is a clause in the United States Constitution, Article VI, Clause 2.

This clause asserts and establishes the Constitution, the federal laws made in pursuance of the Constitution, and treaties made by the United States with foreign nations as the Supreme Law of the Land. According to Wikipedia:

The text of Article VI, Clause 2, establishes federal law as the highest form of law in the American legal system, both in the Federal courts and in all of the State courts, mandating that all state judges shall uphold them, even if there are state laws or state constitutions that conflict with the powers of the Federal government.

The word "shall" is used in the Constitution and in the language of the law, which makes it a necessity, a compulsion.

The states do not have any options in federal regulations when he verb "shall or will" are used. That's the way the Founders wanted it.

Of interest, the CSA constitution contained the same federal supremacy clause. If there is a conflict with the 10th amendment, guess who wins?

Article VI, Clause 2 of the Constitution reads:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

source: http://en.wikipedia.org/wiki/Supremacy_Clause

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Politico: Gov. Tim Pawlenty joins the Confederacy

Rightardia comment: This is more GOP wing nut stuff.  The 10th Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." 


In United States v. Sprague (1931) the Supreme Court noted that the 10th amendment "added nothing to the [Constitution] as originally ratified." The Supreme Court rarely declares laws unconstitutional for violating the Tenth Amendment according to Wikipedia. 

The Supremacy Clause is a clause in the United States Constitution, article VI, paragraph 2. It states, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding." 


The 14th Amendment also states, " "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."

Of interest the Constitution of the Confederate States of America also had a supremacy clause which was identical to the supremacy clause in the US Constitution. This fact contradicts the state rights revisionist argument of some Civil War historians.


The Civil War settled once and for all that the federal government provides the supreme laws of the land. The GOP needs to stop kidding itself about states' rights. The only time they talk about it is when they lose elections.

 

Minnesota Republican Tim Pawlenty urged fellow governors on Thursday to more frequently assert state sovereignty over the federal government and suggested that the country may increasingly see states suing the federal government.

Asked by a caller about the option of asserting the Tenth Amendment as a tactic to reject a successful health care overhaul by President Barack Obama during a tele-town hall organized by the Republican Governors Association, Pawlenty said, “that’s a possibility.”

Speaking generally about the tenth amendment, Pawlenty said the country has not had “a proper federalism debate since Ronald Reagan raised the issue in the 1980s.”

“You’re starting to see more governors, me and governor [Rick] Perry from Texas, speaking out on this and asserting our tenth amendment rights,” Pawlenty said on a call listened to by more than 12,000 people.

“Asserting the tenth amendment may be a viable option,” Pawlenty said, adding that there may be “more of those claims and maybe even lawsuits if need be.”

Read more: http://www.politico.com/news/stories/0909/27023.html#ixzz0Qnu2cBZP


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