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Unions protected from prosecution by Supreme Court opinion (US v Enmons)
National Right to Work Legal Defense Foundation ^

Posted on 12/12/2012 12:25:33 PM PST by cotton1706

Exemption from prosecution for union violence.

The most egregious example of organized labor’s special privileges and immunities is the 1973 United States v. Enmons decision. In it, the United States Supreme Court held that union violence is exempted from the Hobbs Act, which makes it a federal crime to obstruct interstate commerce by robbery or extortion. As a result, thousands of incidents of violent assaults (directed mostly against workers) by union militants have gone unpunished. Meanwhile, many states also restrict the authority of law enforcement to enforce laws during strikes.

From Wikipedia: The case involved a labor strike in which union members fired rifles at three utility company transformers, drained the oil from another, and blew up an entire company substation. The labor union in question was seeking a higher-pay contract and other benefits from their employer, the Gulf States Utilities Company. The Court decided that the union involved was immune from prosecution because their violent acts were in pursuit of a legitimate union objective.


TOPICS: Government; History
KEYWORDS:
Thanks Ike and Dick for Potter Stewart, William Brennan and Harry Blackmun!
1 posted on 12/12/2012 12:25:38 PM PST by cotton1706
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To: cotton1706
The Court decided that the union involved was immune from prosecution because their violent acts were in pursuit of a legitimate union objective.

As I've said many times, unions are a legalized form of organized crime.

2 posted on 12/12/2012 12:27:57 PM PST by wideawake
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To: cotton1706

Does it protect them from the “Stand Your Ground” law?


3 posted on 12/12/2012 12:28:07 PM PST by apillar
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To: cotton1706
"The Court decided that the union involved was immune from prosecution because their violent acts were in pursuit of a legitimate union objective."

That kinda logic ought to blow your fricken mind!!!

4 posted on 12/12/2012 12:30:55 PM PST by wesagain (The God (Elohim) of Abraham, Isaac and Jacob is the One True GOD.)
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To: cotton1706

Two UAW workers beat Vincent Chin to death in Highland Park Michigan in 1982. Neither man served any jail time.

Interestingly enough, “The attack was considered by many a hate crime, but pre-dated hate crime laws in the United States. Nevertheless, during a 1998 House of Representatives hearing on the Hate Crimes Prevention Act of 1997, Congressman John Conyers, Jr. suggested that the problem in making people sufficiently aware of the causes for and injustices of the Vincent Chin case was that it was a political “hot potato” that did not get picked up for “political reasons” with respect to the automobile industry.”

http://en.wikipedia.org/wiki/Vincent_Chin


5 posted on 12/12/2012 12:31:31 PM PST by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: apillar

“Does it protect them from the “Stand Your Ground” law?”

Good point.


6 posted on 12/12/2012 12:34:11 PM PST by EQAndyBuzz (You cant bring something to its knees that refuses to stand on its own)
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To: apillar

Only if used in conjunction with level IIIA body armor.


7 posted on 12/12/2012 12:41:58 PM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: wesagain
Yup, I remember reading that case when I was in law school and going, "WTF?"

But it's important to note that Enmon was based on the Court's interpretation of the language of the Hobbs Act. That means that: (1) Congress could change that result any time it wanted; and (2) the decision does not prevent prosecution of union violence under state criminal laws, or even under other federal criminal laws.

8 posted on 12/12/2012 12:46:49 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: wideawake
As I've said many times, unions are a legalized form of organized crime.

Just like our government.

9 posted on 12/12/2012 12:46:54 PM PST by Roccus
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To: wideawake
I am no longer baffled, and this explains why so much violence is done and nothing seems to come of it.

Question;

Does making Mi. a 'right to work state', negate the protection the union enjoys?

Seems before there was no opposition to claim 'standing', but now there is.

10 posted on 12/12/2012 12:48:48 PM PST by knarf (I say things that are true ... I have no proof ... but they're true)
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To: Lurking Libertarian

Is this true?


11 posted on 12/12/2012 12:51:54 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: cotton1706; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

12 posted on 12/12/2012 12:53:30 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: BuckeyeTexan

See my post #8. Answer is yes, sort of.


13 posted on 12/12/2012 1:02:23 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: knarf
Question; Does making Mi. a 'right to work state', negate the protection the union enjoys?

Not for purposes of the Hobbs Act, no. But any union violence can be prosecuted by the State of Michigan under state criminal laws.

14 posted on 12/12/2012 1:04:27 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: cotton1706

I remember this decision because:

1. This was one of the WTF? moments in my life.
2. I worked in a union environment and immediately after this decision union violence became common. I had the door on my car kicked in by protestors during a strike. The only way we could stop it was to install a video camera to monitor their picket line.
3. I will say that any violence was prosecuted by the state unlike to today’s unprofessional activities by both cops and DAs.

This decision should be overturned as it is endangering nonunion personnel.

I suspect that the stand your ground rule does apply in this case and I doubt whether a jury would convict if someone was attacked and ended up drilling a union thug in self defense.


15 posted on 12/12/2012 1:13:17 PM PST by buffaloguy
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To: cotton1706; All

Don’t patriots understand that we have to question every decision that post-FDR era Supreme Court makes?

Also, the states have long forgotton the following. The states have the unique, Article V power to ratify proposed amendments to the Constitution, and thus have absolute control over the federal government. In other words, even if Congress proposed amendments to the Constitution all day long, the states can simply ignore them.

It is important to understand that the states have the unique power to ratify proposed amendments for the following reason. When the Article V state majority doesn’t like the way that the Surpreme Court decides a case, then the states can effectively “overturn” the Court’s decision by ratifying an appropriate amendment to the Constitution.

In fact, the 11th, 17th and 19th Amendments are examples of the states “reversing” Supreme Court decisions. Although impeaching justices was probably a better idea when the Court decided United States v. Enmons in the union’s favor, the states also had the Article V option to overturn the Enmons decision, that is, if state lawmakers actually understood the Constitution that they swear to defend better than the voters who elected them to office did.

Article V of the Constitution is the best kept secret of the unconstitutionally big federal government imo.


16 posted on 12/12/2012 1:16:19 PM PST by Amendment10
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To: apillar
Does it protect them from the “Stand Your Ground” law?

“Stand Your Ground” law aside, what about equal protection under the law? If the union precipitates violence, is the other party exempt if they respond with violence?

17 posted on 12/12/2012 1:35:26 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: cotton1706

If a union thug attacked me there would be a need for a body bag to fit this filthy piece of garbage.


18 posted on 12/12/2012 2:18:54 PM PST by Logical me
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To: apillar

No.

Besides they’d be dead so nobody would be alive to prosecute.


19 posted on 12/12/2012 2:24:12 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: cotton1706
if might not be a FEDERAL crime... but how about STATE CRIME???
20 posted on 12/12/2012 3:24:28 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Chode

Bingo we have a winner, the Supreme Court CAN NOT interfer with ANY STATE who wishes to Prosecute these thugs, The President can however issue a Pardon. The State hold all the cards, but most if not all Governors REFUSE to exercise their True Power. And if push comes to shove the State could tell the Supreme Court to go Pound sand. Create a Constitutional Crisis, and then call a Constitutional Convention for the Sole Purpose of repealing the 16th and 17th Amendments and reinstate the Original 13th Amendment. And of course they could REMOVE any Judge,Justice,Senator,Congressman,... and even the President if they wish.


21 posted on 12/12/2012 5:22:29 PM PST by eyeamok
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To: eyeamok
sadly, i won't be holding my breath for them to do the right thing...
22 posted on 12/12/2012 5:49:42 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Chode

yeah I know, neither am I. Bunch of frikin whimps that CANNOT EVEN READ THE DOCUMENT THEY SWORE TO UPHOLD.


23 posted on 12/12/2012 5:54:17 PM PST by eyeamok
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To: eyeamok


24 posted on 12/12/2012 6:08:19 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks cotton1706.


25 posted on 12/15/2012 2:43:10 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/)
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