Restoring Justice for Workers Act

Congress possesses the authority to regulate employment contracts that substantially affect interstate commerce under Article I, Section 8, Clause 3. The prohibition of forced arbitration in work disputes is a permissible regulation of the terms and conditions of employment, which are economic activities that, in the aggregate, impact interstate commerce. The Necessary and Proper Clause (Article I, Section 8, Clause 18) further empowers Congress to enact laws that are appropriate and plainly adapted to the exercise of its commerce power, as discussed in Federalist No. 33. This bill does not vi…

The Constitution vests in Congress only enumerated powers, and the regulation of private contracts between employers and employees—particularly those not demonstrably and directly affecting interstate commerce—is a matter reserved to the States and the People. The Tenth Amendment expressly reserves such powers, and the Ninth Amendment safeguards the people's retained rights, including the freedom to contract. While the Seventh Amendment secures the right to trial by jury, the federal government lacks general authority to dictate the terms of arbitration agreements, which are voluntary contract…

The authority of Congress to prohibit forced arbitration in work disputes depends upon whether the subject matter falls within the powers delegated by the Constitution. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the several states. If the employment disputes in question substantially affect interstate commerce, Congress may act under this power. However, the Tenth Amendment reserves to the states all powers not delegated to the United States, and the regulation of purely intrastate employment contracts is a matter of state sovereig…

The Constitution vests in Congress the power to regulate commerce among the several states. Employment disputes, by their nature, involve the movement of labor, goods, and services across state lines and thus fall within the sphere of interstate commerce. The bill's prohibition of forced arbitration in work disputes is a regulation of the terms and conditions of that commerce, and it is a necessary and proper means to ensure that the commerce is conducted fairly and without undue restraint. As established in Gibbons v. Ogden, the power to regulate commerce is plenary and extends to all commerc…