constitutional regulation of the private-sector workplace
markstein at prodigy.net
Fri Nov 24 21:51:24 PST 2006
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.
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