constitutional regulation of the private-sector workplace

[MARK STEIN]

The employment relationship is based on property law and contract law, which is provided by the government.  It is not ridiculous to think that private work-related behavior could offend some constitutional minimum, even aside from the 13th Amendment.  Of course, it would have to be a re-interpreted Constitution.  If Section 5 of the 14th Amendment were interpreted to authorize federal regulation of private behavior (something that almost did happen), it's not a big further step to say that Section 1 of the 14th Amendment contains minimum workplace standards.

Mark
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