Is Card Check Constitutional?

A number of constitutional scholars believe the secret ballot provisions of the Card Check Forced Unionism Bill are unconstitutional. David Rivkin and Lee Casey agree.

While there are strong arguments that suggest they are correct, workers should be cautious. Defeating the bill in Congress is the best answer to any questions about constitutionality. Many people thought (rightfully) that the McCain-Feingold Bill was unconstitutional, but as we have seen, courts have been reluctant to overturn the whims of Congress.