Illinois is a union state. Public sector unions hold a tight grip on politicians, state and local budgets, and even dictate whether kids can go to school in person.
Illinoisans who have been working hard to fight against the union power monopoly are now facing a new challenge. A ballot measure, Amendment 1, seeks to strengthen the power of both public and private unions by amending the Illinois constitution to make make collective bargaining a “fundamental right.”
But there is one major problem — the measure violates federal law and the U.S. Constitution.
Now, two Chicago Public School teachers and two parents are suing the Illinois State Board of Elections and state officials to ensure Illinois voters do not face an unconstitutional choice at the ballot box this November.
Amendment 1 gives both government and private-sector employees the “fundamental right” to collectively bargain, but the state cannot lawfully give that right to private-sector workers. The National Labor Relations Act (NRLA) exclusively governs private-sector collective bargaining nationwide and preempts state law. And, the NRLA says that private sector workers have a limited right to bargain under certain circumstances and over certain issues, including wages and hours.
The state cannot adopt a measure that conflicts with federal law. The U.S Constitution makes this clear in the Supremacy Clause. And, the state cannot use taxpayer funds for an unconstitutional purpose — in this case, asking Illinoisans to consider an unconstitutional ballot measure.
Attorneys from the Liberty Justice Center and the Illinois Policy Institute are representing Chicago residents who want the illegal amendment removed.
Jacob Huebert serves as the president of the Liberty Justice Center. He previously served as the Liberty Justice Center’s Director of Litigation. In that role, he successfully litigated cases to protect economic liberty, free speech and other constitutional rights. Jacob and his work have appeared in numerous national media outlets, including the Wall Street Journal, New York Times and Fox News Channel.
Jeffrey M. Schwab is a Senior Counsel at the Liberty Justice Center, where he litigates cases to protect the rights to free speech, economic liberty, private property and other Constitutional rights in both federal and state courts across the country.
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