Jul
12
Written by:
William Lutz
7/12/2010 4:26 PM
In last week’s issue,
we published a story about a bill that has passed the U.S. House of Representatives that would force local governments and the state DPS to enter into collective bargaining with unions representing its employees. In that story we quoted Frank
Sturzl, executive director of the Texas Municipal League, saying “If this doesn’t violate the 10th Amendment, I don’t know what does,” referring to the constitutional amendment that states that all powers not expressly granted to the federal government are reserved to the states or the people.
“The federal government is attempting to intrude upon our state’s authority to independently manage relations with our public employees,” said Abbott. “This law would force the State of Texas into federally mandated collective bargaining agreements with labor unions – despite the fact that state law does not authorize collective bargaining for state employees. If this constitutionally suspect legislation is passed, I will take legal action to protect our state from yet another case of federal overreach.”
Abbott argues that this plan violates the 10th Amendment, while acknowledging some precedent to the contrary. However, Abbott bases his strongest criticism on the 11th Amendment, which prohibits states from being sued in federal court without their consent. Democrats in Congress are using the Commerce clause of the constitution to try to justify the collective bargaining mandate. But Congress cannot override states’ 11th Amendment protections based on the commerce clause, only when protecting civil rights under the 14th Amendment.
“Our quarrel is not with the brave men and women who protect and serve the public,” Abbott added. “They deserve not only court gratitude, but also legal mechanisms to help prevent parochial concerns from interfering with their official duties. But those policy decisions – such as the availability of civil service or meet-and-confer-rights – lie with the Texas Legislature, not the federal government. And no policy initiative – no matter how important or compelling – can be allowed to trample our Constitution.”