That is part of the problem. The legal system in this country no longer conforms to a plain reading, nor the Founders stated intent, of the Constitution that GIVES it its authority. This is a fairly major concern for many of us and why there are so many of us here on places like FR.
Dear Dead Corpse,
Well, if we went back to a previous time, you might find that employers had even more rights than they have now. If we went back to times before, say, the Warren Court, you'd find that employment at-will was pretty much straight up the law of the land. Employers could, and did, effect far more onerous burdens on their employees then than they are able today.
The fact is that it is the mitigation of employment at-will doctrine that even makes something like this a question. The basic idea of, "You, the employee, don't have to put up with the employer's rules, but he, the employer doesn't have to employ you if you don't want to put up with it," was a much more absolute doctrine.
Employment at-will meant that each party was free to end the employment relationship, for any reason, at any time, without obligation to the other.
As well, prior to the first part of the last century, there weren't overtime laws or minimum wage laws, etc.
The government HAS passed many laws that interfere with the contractual relationship between employer and employee. Many, many people believed that many of these laws, at the time they were passed, were unconstitutional, especially for the federal government to pass.
Are those the sorts of things that you're looking to roll back?
sitetest