Tag Archives: 1st Amendment

A Constitutional Question


I’ve done a pretty bad job of posting lately. My interest in politics has been tested throughly. I’m just tired of the same arguments coming from either side over government spending and taxation. The Tea Party has thoroughly destroyed my faith in Congress, and the American public. I will talk more about that in a later post. Today, I want to pose a question. It’s a question I thought of a long time ago, but never got around to asking. First, a little reminder of our recent history.

Back in March, all the talk was about Wisconsin. Governor Scott Walker was trying to push a bill that stripped the collective bargaining rights of public employees. State Senate Democrats fled in an effort to obstruct him. In the end the bill was passed, but not without gaining significant national attention and a repeated FOXNews claim that was completely wrong. In the last six months, I’ve been mulling this issue over in my head. Education is very important to me. I’ve been a public school system employee. I have strong views about the issue. Personally, I don’t believe that public school teachers have the awesome, easy job that conservative talking heads say they do. I also believe that we should be encouraging people to become teachers not discouraging it. Having the smartest people want to be teachers is good. Education in the cornerstone of everything we do.

All that aside, I thought of an argument that makes the repeal of public employee’s collective bargaining rights is unconstitutional. This argument maybe crazy. It may have been addressed already. I would genuinely like to know what you think. So please leave comments below. As long as their civil and honest of course.

The 1st Amendment to the Constitution says:

     “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

We’re going to focus on the last part of that amendment. The government cannot abridge our “right to peacefully assemble, and to petition the government for a redress of grievances.”  The way I read that is that collective bargaining is a right of public employees. Collective bargaining is people assembling (as a union) and petitioning the government over grievances (such as pay, working conditions and so on.)

I know that a strict constructionist view of the Constitution would not allow this, because it doesn’t talk specifically about collective bargaining, but collective bargaining didn’t exist. I believe we have to view the Constitution in the era it was written in, and decide for ourselves what is right and wrong. Let me know what you think.

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