Restoring Justice for Workers Act

The proposed legislation to prohibit forced arbitration in work disputes implicates the constitutional authority of Congress to regulate commerce among the several states under Article I, Section 8, Clause 3, as employment contracts and disputes arising from them substantially affect interstate commerce. However, the Constitution also protects the freedom of contract as a fundamental right, and the Federalist Papers emphasize the importance of preserving private rights against legislative encroachment (Federalist No. 84). The bill may be constitutional if it is narrowly tailored to address abu…

This bill, by prohibiting forced arbitration in work disputes, intrudes upon the sovereign authority of the several states to regulate contracts and employment relations. The Constitution grants to Congress only enumerated powers; among these, the power to regulate commerce among the several states extends to trade and exchange, not to the internal contracts of master and servant, which are local and subject to state law. The Tenth Amendment reserves to the states, or to the people, all powers not delegated to the United States. Moreover, while the Seventh Amendment secures the right to trial …

The proposed legislation, which prohibits forced arbitration in work disputes, must be examined under the principles of enumerated powers and the preservation of the right to trial by jury. Congress may regulate commerce among the several states (Article I, Section 8, Clause 3), and employment contracts affecting interstate commerce fall within this sphere. However, the Constitution guarantees the right to trial by jury in suits at common law (Article III, Section 2, Clause 3; Seventh Amendment). Forced arbitration clauses, if imposed as a condition of employment, may be seen as a private cont…

This bill, prohibiting forced arbitration in work disputes, is a lawful exercise of the legislative power vested in Congress. The Constitution grants Congress the power to regulate commerce among the several states, and employment relations substantially affect that commerce. Moreover, the Necessary and Proper Clause empowers Congress to enact all laws which shall be necessary and proper for carrying into execution its enumerated powers. The prohibition on forced arbitration is a means rationally related to the legitimate end of regulating interstate commerce and ensuring fair and accessible r…