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1 posted on 08/17/2015 1:35:09 PM PDT by Olog-hai
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To: Olog-hai

As I read it, they just threw out Ohr’s earlier decision that they were employees.

I saw no legal argument to support throwing out his decision?


2 posted on 08/17/2015 1:43:09 PM PDT by TexasGator
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To: Olog-hai

I kind of wished they would have unionized as full time employees. then we could make them work full time hours and force them to play 50+ games a year. Damn it.


3 posted on 08/17/2015 1:45:30 PM PDT by IllumiNaughtyByNature ($1.84 - The price of a gallon of gas on Jan. 20th, 2009.)
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To: Olog-hai; All
Thank you for referencing that article Olog-hai. Please bear in mind that the following critique is directed at the article and not at you.

The first thing that patriots need to do whenever the corrupt feds make a noise is the following. Patriots need check Congress’s constitutional Article I, Section 8-limited powers to make sure that there is at least one clause in Section 8 that Congress can reasonably justify any official action with.

The NLRB is described as a “independent federal regulatory agency.” The major constitutional problems with such agencies are described as follows. The Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in so-called “independent federal regulatory agencies.” So Congress has a constitutional monopoly on federal legislative / regulatory powers whether it wants it or not.

So one problem with independent federal regulator agencies is this. By establishing such agencies, federal lawmakers are wrongly protecting their jobs from the wrath of the voters as a consequence of unpopular regulations in blatant defiance of Sections 1-3 mentioned above.

But an even bigger constitutional problem with federal agencies like the NLRB is this. The states have never delegate to the feds, expressly via the Constitution, the specific power to regulate INTRAstate commerce, labor issues reasonably under the umbrella of intrastate commerce imo. This is evidenced by the following excerpt.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.

So not only are federal lawmakers protecting themselves from the possible loss of votes as a consequence of unpopular regulations by front-ending federal legislative powers with actions by non-elected federal bureaucrats, but Congress is allowing such agencies to exercise powers that the states have never delegated to the feds expressly via the Constitution.

Finally, noting that the post-17th Amendment ratification Senate is not doing its job to protect the states from unconstitutional expansion of federal government powers by not killing bills which help to establish federal regulatory agencies, patriots need to remedy this situation by working with state lawmakers to amend the Constitution to repeal that amendment imo.

4 posted on 08/17/2015 4:44:58 PM PDT by Amendment10
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