Public sector unions violate Article IV of the US Constitution
GEORGE NOGA – MAY 28, 2023
Public employee unions are one of the greatest, if not the greatest, dangers to our American democracy. This post provides a roadmap for abolishing them. First, some background. Not that long ago public unions did not exist and there was universal agreement they had no place in government. None other than FDR said:
“Government employees should realize that the process of collective bargaining cannot be transplanted into the public service. It has insurmountable limitations when applied to public employees. The very nature and purpose of government make it impossible.”
Even the union movement agreed collective bargaining had no place in government. Labor leaders viewed unions as a vehicle for workers to get a larger share of the profits they helped create. However, public employees do not generate profits. The AFL-CIO stated government workers have no rights except to petition Congress.
The dam broke in 1959 when Wisconsin allowed collective bargaining. Since then, public sector unions have metastasized and have taken effective control over governments and are unaccountable to voters; this is their Achilles heel.
The Constitution guarantees a “Republican form of government”
Article IV, Section 4 states: “The United States shall guarantee to every state in the union a Republican form of government.” There is a compelling argument that public sector unions violate this guarantee. The drafters of the Constitution did not define “Republican”. There has been jurisprudence on this point (defining Republican) over the years, including in the Federalist Papers. I have read all the relevant case law and there is no concise definition put forth by the courts directly on point. Based on my reading of the Federalist Papers and the relevant jurisprudence, I believe there is consensus that a Republican form of government is one in which:
- The power of government resides in the people – directly or indirectly
- The people elect representatives and give them power to serve their interests
- Representatives represent everyone, i.e. provide for the common welfare
- No control or special treatment is to be given to a favored class
Public unions subvert a Republican form of government
Public sector unions violate each and every one of the above characteristics of a Republican form of government. In many cities and states (primarily deep blue ones) unions exercise effective power over elections, schools, criminal justice and any other issues unions deem vital. During Covid, teachers’ unions shut down schools for years at the behest of unions and in direct opposition to the wishes of citizens. Their control of elections is particularly nefarious. They spend vast amounts of money and manpower to alter elections. Moreover, their funds are derived via one-sided collective bargaining with the same officials they put in office.
Elected officials are beholden to public sector unions and place unions’ interests ahead of those of the people they are elected to serve. They are not providing for the common welfare and unions are a favored class. Public unions’ political activity raises prima facie constitutional issues. Elected officials occupy a position of public trust and have a fiduciary duty to serve the public; this duty is in direct conflict with public sector unions. In many places, the machinery of American democracy is firmly in the clutches of powerful public sector unions. The iron-fisted grip of public unions is impervious to the electoral process and must be fixed by the courts.
It’s time for a constitutional challenge
It’s long past time to break the unholy and corrupt grip of public unions over our democracy. To be sure, it won’t be a slam dunk; but the roadmap presented in this post shows one way it can be done. Readers may judge for themselves the strength of a constitutional challenge as presented herein. What other choice do we have?
© 2023 George Noga
More Liberty – Less Government, Post Office Box 916381
Longwood, FL 32791-6381, Email: mllg@cfl.rr.com