Posted on 11/28/2017 11:39:23 AM PST by Sean_Anthony
This is a bombshell because the agriculture industry, the governor's office, and the legislature knew the result could be the entire law being thrown out
The Marxians love of Democratic institutions was a stratagem only, a pious fraud for the deception of the masses within A Socialist community there is no room left for Freedom. Ludwig Von Mises
California Gov. Jerry Brown and the Democrat-supermajority State Legislature hold the state Supreme Courts purse strings. Evidence of this can be found in the Monday California Supreme Court 7-0 decision in the Gerawan Farming case.
When machines do all the planting, tending, harvesting and picking, then packaging, the law will become useless...................
Yesterday, the CA Supreme Court heard arguments on whether the state can force an agency-dictated collective bargaining agreement on an employer and its employees. This is from CA's Mandatory Mediation and Conciliation amendment to the Agricultural Labor Relations Act. The CA Court of Appeal ruled that it violated Equal Protection and delegated power to the CA Agricultural Labor Relations Board unConstitutionally. This, of course, let the union unilaterally force a contract on Gerawan Farming and its employees. Gerawan is the largest farm employer in CA.
The earlier decision called it the antithesis of equal protection because it imposes a contract by administrative edict based on a distinct, unequal, individualized set of rules for each employer.
If it denies equal protection under Cal. state law then it probably denies it under the US constitution. Time to take the case federal.
Now move the case to Federal court, grab your popcorn and then sit back and watch.
(-:
This is what happens when a tyrannical political party owns the State, or the Nation such as would have been IF HRC had won the last presidential election.
California is a great example of exactly the mess this country would be right now had she won.
The only way to get California out of this mess is one butt ugly picture to paint.
The labor unions in CA get the democrats elected, then they own them. I worked for a public employee union there for years, and found the entire government was corrupt and run by unions.
First, note that just like the federal Constitution defines legislative powers (1.1-3), the California constitution clarifies that all state legislative powers are vested in the elected members of California's lawmakers.
"California Constitution, Article IV, Section 1: The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum." Article IV, Section 1, California Constitution
The problem with this California case, besides California's badly written "living" constitution, is the following imo.
Just as the corrupt federal Congress has unconstitutionally front-ended its unique legislative powers with constitutionally undefined "federal regulatory agencies," agencies such as the EPA run by non-elected bureaucrats thus nullifying voting power, the California Agriculture Labor Relations Board (CALRB), a California state regulatory agency, is unconstitutional under California's constitution imo.
I predict that the corrupt Supreme Court might ignore the remedy that the Founding States put in the federal Constitution for unstable states and ignore the Gerawan case, just like it did with the results of California's gay marriage referendum.
More specifically, the Founding States had given the feds the specific power to make sure that all states have a republican form of government.
"Article IV, Section 4: The United States shall guarantee to every State in this Union a Republican Form of Government [emphasis added], and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
But even if the Supremes were to point out the fed's responsibility to insure that the states respect the voters, does anybody really expect a corrupt federal Congress left over from the lawless Obama Administration to lift a finger to restore voter power in this Gerawan case?
In other words, all U.S. patriot voters are arguably involved in helping to insure constitutional justice in the German v. CALRB case, patriots needing to do the following.
Patriots now need to be making sure that there are plenty of Trump-supporting patriots on the 2018 primary ballots who will work to insure state and federal voting integrity, and pink-slip career lawmakers by sending patriot lawmaking candidates to D.C. on election day.
Corrections, insights welcome.
Drain the swamp! Drain the Swamp!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.