Posted on 06/21/2012 8:37:57 AM PDT by KansasGirl
I wouldn't be able to do it.
... to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical ...--Thomas Jefferson
That son of a bitch Warren in US Vs. Brown threw out the provision in Taft Hartley that required union leadership to sign affidavits that they were not communists.
As a result, union leadership is comprised of nothing but.
We are getting ready to hit the CPUSA and the communist American labor movement so hard that they wont have time to crawl back under the rocks they came out from.
No worker in the US should be held hostage to unions period, compulsory union dues are unconstitutional under the first and 14th amendments, and the unions need to be stripped of their ability to steal money from workers paychecks on a national level.
If the workers love unions so much they will be happy to voluntarily send them dues.
Criminalize Government employee unions, blatantly illegal mechanisms for raping taxpayers by bribing leftist politicians with money and votes in exchange for unsustainable compensation and benefits.
There’s nothing patently illegal about a POTUS issuing an executive order immediately ending withholding of union dues nationwide, and ordering the National Labor Relations Board to enforce the Presidents decision
Lets fight it out in the courts, and lets make it a campaign issue, with the promise to end compulsory withholding of union dues one of the first acts of the new GOP Administration.
Its stupid to allow the left (Communists) to use the same mechanism the IRS uses to extort money from workers.
U.S. Supreme Court UNITED STATES v. BROWN, 381 U.S. 437 (1965) 381 U.S. 437
UNITED STATES v. BROWN. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No. 399.
Argued March 29, 1965.
Decided June 7, 1965.
Respondent was convicted under 504 of the Labor-Management Reporting and Disclosure Act of 1959, which makes it a crime for one who belongs to the Communist Party or who has been a member thereof during the preceding five years wilfully to serve as a member of the executive board of a labor organization. The Court of Appeals reversed, holding 504 violative of the First and Fifth Amendments. Held: Section 504 constitutes a bill of attainder and is therefore unconstitutional. Pp. 441-462.
(a) The Bill of Attainder Clause, Art. I, 9, cl. 3, was intended to implement the separation of powers among the three branches of the Government by guarding against the legislative exercise of judicial power. Pp. 441-446.
(b) The Bill of Attainder Clause is to be liberally construed in the light of its purpose to prevent legislative punishment of designated persons or groups. Cummings v. Missouri, 4 Wall. 277; Ex parte Garland, 4 Wall. 333; United States v. Lovett, 328 U.S. 303 . Pp. 447-449.
(c) In designating Communist Party members as those persons who cannot hold union office, Congress has exceeded its Commerce Clause power to enact generally applicable legislation disqualifying from positions affecting interstate commerce persons who may use such positions to cause political strikes. Pp. 449-452.
(d) Section 504 is distinguishable from such conflict-of-interest statutes as 32 of the Banking Act, where Congress was legislating with respect to general characteristics rather than with respect to the members of a specific group. Pp. 453-455.
(e) The designation of Communist Party membership cannot be justified as an alternative, “shorthand” expression for the characteristics which render men likely to incite political strikes. Pp. 455-456.
(f) A statute which inflicts its deprivation upon named or described persons or groups constitutes a bill of attainder whether its aim is retributive, punishing past acts, or preventive, discouraging future conduct. In American Communications Assn. v. Douds, 339 U.S. 382 , where the Court upheld 9 (h) of the National [381 U.S. 437, 438] Labor Relations Act, the predecessor of 504, the Court erroneously assumed that only a law visiting retribution for past acts could constitute a bill of attainder, and misread the statute involved in United States v. Lovett, 328 U.S. 303 , which it sought to distinguish from 9 (h), as being in that category. Pp. 456-460.
(g) The legislative specification of those to whom the enacted sanction is to apply invalidates a provision as a bill of attainder whether the individuals are designated by name as in Lovett or by description as here. Pp. 461-462.
334 F.2d 488, affirmed.
Solicitor General Cox argued the cause for the United States. With him on the brief were Assistant Attorney General Yeagley, Nathan Lewin, Kevin T. Maroney and George B. Searls.
Richard Gladstein argued the cause for respondent. With him on the brief was Norman Leonard.
Briefs of amici curiae, urging affirmance, were filed by Melvin L. Wulf for the American Civil Liberties Union of Northern California et al., and by Victor Rabinowitz and Leonard B. Boudin for the Emergency Civil Liberties Committee.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
In this case we review for the first time a conviction under 504 of the Labor-Management Reporting and Disclosure Act of 1959, which makes it a crime for a member of the Communist Party to serve as an officer or (except in clerical or custodial positions) as an employee of a labor union. 1 Section 504, the purpose of which is to protect [381 U.S. 437, 439] the national economy by minimizing the danger of political strikes, 2 was enacted to replace 9 (h) of the National Labor Relations Act, as amended by the Taft-Hartley Act, which conditioned a union’s access to the National Labor Relations Board upon the filing of affidavits by all of the union’s officers attesting that they were not members of or affiliated with the Communist Party. 3 [381 U.S. 437, 440]
Respondent has been a working longshoreman on the San Francisco docks, and an open and avowed Communist, for more than a quarter of a century. He was elected to the Executive Board of Local 10 of the International Longshoremen’s and Warehousemen’s Union for consecutive one-year terms in 1959, 1960, and 1961. On May 24, 1961, respondent was charged in a one-count indictment returned in the Northern District of California with “knowingly and wilfully serv[ing] as a member of an executive board of a labor organization . . . while a member of the Communist Party, in wilful violation of Title 29, United States Code, Section 504.” It was neither charged nor proven that respondent at any time advocated or suggested illegal activity by the union, or proposed a political strike. 4 The jury found respondent guilty, and he was sentenced to six months’ imprisonment. The Court of Appeals for the Ninth Circuit, sitting en banc, reversed and remanded with instructions to set aside the conviction and dismiss the indictment, holding that 504 violates the First and Fifth Amendments to the Constitution. 334 F.2d 488. We granted certiorari, 379 U.S. 899 .
Respondent urges - in addition to the grounds relied on by the court below - that the statute under which he was convicted is a bill of attainder, and therefore violates Art. I, 9, of the Constitution. 5 We agree that 504 is void as a bill of attainder and affirm the decision of the Court of Appeals on that basis. We therefore find it unnecessary to consider the First and Fifth Amendment arguments. [381 U.S. 437, 441]
This case does nothing to stop that very practice that occurs today in all forced union states.
You don't pay dues, you don't work, period.
This case was about an ADDITIONAL amount of money on top of dues that was being extorted to fund communist politicians campaigns in California.
My union came after me for the portion of the dues my company didn’t pay. Keep in mind the company was still in business. I never did like the union or feel that it was good. Once I got that letter I knew it was a conspiracy of union insiders and the company against the members. I wrote them a terse letter that stated I don’t pay bills for someone else. They never collected from me.
Thanks for the ping.
Shocking this wasn’t a 9-0 vote. This was a no brainer.
Dissenting Opinion: Breyer, Kagan
Yes, but they didn't agree with everything the majority opinion said (read the concurring opinion). They could only go so far in the right direction. Still, for Liberal Justices, they were surprisingly logical.
Ginsberg has never struck me as illogical.
Just wrong.
Breyer and Kagan dissented——— Thus proving they are the hardcore loony left on the Supreme Court plus Sotamayor will usually join them
Liberals, when have zero intellectual or logical reasoning to stand on, loooove to pretend that their "rhetorical" questions make a valid point of some kind, and that there is no actual answer other than to concede a point to them. A favorite sport of mine is simply answering the question, clearly and truthfully, and watch their mouths drop. (Then they usually yell and storm off, LOL.) Here, I would respond...
"The special assessment could violate the Constitution while their administrative system does not just as an employee can embezzle from his employer. The employee's administrative duties are valid, but the way he is drawing his "extra pay" is not legal or valid. Does that help?"
Ginsberg and Sotomayer at least could see the end of their noise on this.
They tried to tell me about all the great political causes which the additional dues were going to thinking that as a young new hire, I'd go along.
I stood my ground and, finally, the union rep told me in frustration, "But you don't know how this money is being used." Replied I, "And that is just part of the problem."
Their next opinions on the more important rulings WILL blow your (our) minds.
It is all a set up job.”
What is the set up job.....blown minds depending on how crazy SCOTUS can rule?
There are just 9 little people. How can so few contain such power over so many.
Not looking to be flamed; I just really am that ignorant on this SCOTUS piecemeal.
——————— HA! made me laugh, HIDEK6!
Blow minds, because SC justices should be nonpartisan. Their rulings should be strictly based on the > 200 year old documents (plus various amendments).
Now both sides want to stack to their favor. How did we come to this mess?
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