Amazon, SpaceX And Others Are Arguing That The NLRB Is Actually Unconstitutional - TPM – Talking Points Memo

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1484730
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Eat the rich

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Space contracts are very lucrative; it’s pretty much impossible not to make high-margin profits once the business infrastructure is in place. But Musk still feels the need to screw his employees, which really comes as no surprise.

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TFG, having established the precedent of having citizen riots to attempt to change the outcome of elections, has opened the door to a citizen riot to change the makeup of the Supreme Court.

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By “unconstitutional,” Amazon, SpaceX and others argue that the NLRB didn’t exist in 1787?

They have too many allies on SCOTUS, so this case may have legs.

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It is more important than ever that we win this election, hold the White House and Senate, and hopefully flip the House, and obtain the breathing room to appoint more federal judges and dilute the power of recent Republican administrations’ appointees.

Otherwise, the continued dismantling of the administrative state, and the abridgment of personal freedoms, will continue apace.

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the right to organize unions or be paid a minimum wage, violated their “freedom to contract”

Money is not speech. Otherwise, without employment, one has no money, giving corporations, therefore, the power to deny a person’s ability to speak, which is unconstitutional.

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These folks are expected to put various bribes in the paths of compliant justices. It’s a very minor expense. Clarence wakes up every day wondering what good fortune will come his way. No bagmen needed.

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Neither did electronic communications or commerce, or space travel. How do those companies have standing, since the Founding Fathers did not mention them in the Constitution or Federalist Papers?

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Say it ain’t so…Trader Joe.

Not depressed enough? :Listen to Slate’s Amicus podcast this week that talks about decades long coordination of the Republican Attorneys General group with Leonard Leo’s octopus-like organization.

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What these companies are arguing is that they have the right to treat their employees as poorly as they want, while the employees have no way of organizing to protect themselves, or governmental protections to organize. First it was the EPA regulating pollution, now it’s labor’s right to organize, next it will be safety regulation, and we will be right back to kids working in places like the Grover Shoe Factory. I guess that’s okay if Amazon gets to make an extra buck or two by limiting employees bathroom breaks, and Elon doesn’t have to worry about whether his employees fueling a rocket with 20,000 gallons of Kerosene and Liquid Oxygen are doing adhering to safety standards.

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Or planting IED’s since they have no other method of protesting.

Or

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Are they vegan friendly?

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All part of McConnell’s effort to destroy the administrative state. That is the purpose of putting these clowns on the court.

ETA. Abortion is only the shiny object to attract the votes of evangelicals and conservative RCs. Mitch, and most rethug leadership, don’t give a shit about abortion.

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Well, you know, a working population that is naked and helpless before the predatory and exploitive power of big capital is “traditional,” right? How it was in the good old days. So, obviously, since tradition is good, it is also good for children to work, suffer, and die in jobs for which they are paid poverty wages. Tradition! Tevya would approve.

Also traditional are cataclysmic economic crises which lead to global wars causing tens of millions of deaths.

Three cheers for tradition!

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When, and if, the Democrats again control the House, Senate, and White House, after eliminating the filibuster, they should immediately pass legislation requiring all businesses employing more than 25 people, to hold am mandatory election within twelve months for the employees to vote on forming a union or joining an existing national union. Additionally, any employer found guilty of artificially playing games with the number of employees would receive an automatic five year prison sentence.

It’s time the government basically to move on the oligarchs in the US, and shoved positive labor requirements down their throats!

And, if I were President, I would explain to the SCOTUS that labor laws are not under their purview, and if they don’t like it, tough shit, since they have no enforcement powers.

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It’s embedded in the judicial dichotomy of Constitutional construction. Right wing positions are conclusively deemed to be constitutional unless they are explicitly prohibited. Left wing positions are conclusively deemed to be unconstitutional unless they are explicitly allowed.

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Leading up to the 2016 election, Bannon framed much of Trump’s agenda with the phrase, “deconstruction of the administrative state,”

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I will give Elon credit for being smart enough to push the case using SpaceX and not Tesla. If I recall, Tesla got into some trouble in California over labor practices and allowing some employees to be harassed.

If he can get the Feds off his ass, maybe he can then get the State of California off it as well.

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No, but they are inhuman, so it’s not cannibalism.

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