DU constitutional experts: isn't there existing case law affirming the right of unions

[CTyankee]

to collectively bargain? How can a state governor simply "take away" that basic right if there is definitive case law saying the opposite?

I'm not a constitutional authority, but I just wonder if what Walker is trying to do can be tested in the courts...

[supernova]

1. I'd like to know the same

Then again, Repubs really are that ignorant.

[el_bryanto]

2. I doubt it would be constitutional

I don't think the constitution mentions unions at all; it's the Wagner act, I believe, that created the legal framework for unionization.

Bryant

[CTyankee]

3. No, not the constitution, but case law from the federal courts. I think I recall

that the Supreme Court found the right to collectively organize and bargain in the First Amendment...the right of the people to peaceably assemble for a redress of grievances...

[FBaggins]

4. No. There's a federal law (and supporting cases), but...

...state employees are not covered by the National Labor Relations Act.

State-level rights (for public employees) are based on a hodge-podge of state legislation. From what I've read, WI was one of the first to pass such laws back in the 50s.

[rucky]

5. God forbid anything labor related makes it to this SCOTUS.

yikes

[CTyankee]

6. Yep, I know, I know...