While We’re Talking “Overreach”
By Mitch Berg
Yesterday I wrote about Minnesota HF 2031, which would bar the State of Minnesota from buying from Jennie-O Turkey, and Jennie-O Turkey alone, until the unions are happy.
Gary Gross at Let Freedom Ring was the first to write about it, and follows up:
This legislation, authored by Frank Hornstein in the House and authored in the Senate by Ellen Anderson, is a bill of attainder, which is unconstitutional. This bill doesn’t stand a snowball’s prayer in hell of having any effect. Here’s the text of Hornstein’s bill:
The state of Minnesota and its departments and agencies shall not purchase products from Jennie-O Turkey Store or its subsidiaries until Jennie-O Turkey Store or its subsidiaries ceases all alleged unfair labor practices, whether past or present, that are prohibited by section 8(a), subsections (1) and (3), of the National Labor Relations Act.
EFFECTIVE DATE.This section is effective the day following final enactment.
TRANSLATION: Businesses that aren’t union-friendly will be punished by the DFL majorities in Minnesota’s legislature.
The question isn’t even union-friendliness (although the DFL’s willingness to yell “off what?” when unions yell “jump” should start the good voter thinking). It’s “can government write laws that single out individual people or corporations?
The Constitution would seem to say “no”,but that’s never stopped the DFL.
April 24th, 2009 at 9:07 am
Okau, now I am 100% convinced that the DFL party is really a front organziation for North and South Dakota economic development groups.
April 24th, 2009 at 9:09 am
ARRRRRRRRRRRRRRRRRRRRRRRRRRRGHH!!!!
It is NOT a bill of attainder. It -as odious as it may be – is the state acting in its capacity as market participant. Not meteing out punishment. To illustrate:
BILL OF ATTAINDER: Angryclown is a criminal and shall be imprisoned in a small VW Beetle for life, surviving on naught but seltzer and whatever bugs get stuck in his face greasepaint.
NOT A BILL OF ATTAINDER: The state shall buy all it’s shit from comapny A and not from company B.
April 24th, 2009 at 9:21 am
How can they stop all alleged unfair labor practices in the past?
And how do they know every unfair labor practice that is alleged?
April 24th, 2009 at 9:25 am
“Alleged” unfair labor practices? They want to act and punish even before anything is proved? Well, at least they’re consistent.
April 24th, 2009 at 9:56 am
BILL OF ATTAINDER: Angryclown is a criminal and shall be imprisoned in a small VW Beetle for life, surviving on naught but seltzer and whatever bugs get stuck in his face greasepaint.
How is that any different than the way he lives now?
April 24th, 2009 at 12:27 pm
Right now it’s a Type 1302 Super Beetle.
April 25th, 2009 at 10:15 pm
Yay, the legislature messes around (more) with the state purchasing process. I guess it’s not stupid/crazy/impossible enough yet. 😛