Draft 28 Amendment for right to a job

Fellows, Jeffrey jmf9 at cdc.gov
Sun Dec 13 09:44:00 PST 1998


It seems to me that the right to a job could be incorporated directly into the 'takings' provision. The supreme court already recognizes labor power, may be not the Marxist definition of it, as an intangible form of property. Why not make the link between structural unemployment and the 'taking' of labor power explicit? My reading of the proposed amendment below doesn't make this connection. It seems to me the virtue of tying forced unemployment to the taking of labor's property is much more practical than using the right to employment as a basis for achieving a broader goal of a decent life. For one thing, the latter raises issues of defining a decent life, or the quality of employment opportunities, that seem largely indefinable (at least in a practical way). Giving labor power equal standing with capital as a form of property, both in terms of its rights of existence and disposal, including taking without compensation, provides at least a small step toward economic democracy.

Jeff

---------- From: Charles Brown To: lbo-talk at lists.panix.com Subject: Draft 28 Amendment for right to a job Date: Thursday, December 10, 1998 3:44PM

Tom,

I was hoping to be a scientific, not utopian, socialist :>0. I guess you caught me dreamin'.

On abolishing civil rights of corps. , there is somebody who is pushing abolishing the U.S. legal fiction (doctrine) that the corp. is a person. That may be what you are thinking of. That's fine with me. Lets put that in the Amendment.

Actually, another idea is to apply the appropriate principles of the Bill of Rights to Corporations. No snooping on workers without a warrant. No firing without due process. Freedom of speech and assembly for workers vis-a-vis the corp. I haven't thought this out as much as the below, but it may be the type of thing you are talking about.

More power to steelworkers,

Charles Brown


>>> Tom Lehman <uswa12 at lorainccc.edu> 12/10 2:41 PM >>>
Dear Carl,

Eliminate section 4 of the Brown Amendment as to utopian.

Have Charles draft an amendment abolishing the civil rights of " for profit" corporations and other forms of "for profit" limited liability partnerships with revenues of over $40 million dollars a year. In other words do away with the legal fiction of "for profit" corporate person. Didn't William O. Douglas have some ideas along these lines?:~)

Your email pal, Tom L.

Carl Remick wrote:


> Re Charles': Draft XXVIII Amendment for
> a right to a decent job.
>
> I find this proposal very impressive. Has any attempt been made to stir
> grass-roots support for this measure? Does anyone on this list have a
> serious philosophical objection to this amendment?
>
> Carl Remick
>
> -----Original Message-----
> From: Charles Brown [mailto:CharlesB at CNCL.ci.detroit.mi.us]
> Sent: Thursday, December 10, 1998 11:52 AM
> To: lbo-talk at lists.panix.com
> Subject: Re: RE: Bourdieu on neoliberalism ANNOTATED
>
> Carl,
>
> Yes, I will. See below
>
> Charles
>
> >>> Carl Remick <cremick at rlmnet.com> 12/09 4:40 PM >>>
> Re Charles': "Abolition of the 'at will' employment doctrine is part of
>
> my draft 28th Amendment to the U.S. Constitution for
> a right to a decent job."
>
> Would you please post the amendment you propose in its entirety here?
>
> Carl Remick
>
> _____________
>
> A Draft XXVIII Amendment
>
> to the U.S. Constitution
>
> Section 1. Every adult American able and
> willing to earn a living through paid work
> has the right to and shall have a free choice
> among opportunities for useful, productive
> and fulfilling paid employment at decent
> real wages or for self-employment.
>
> Section 2. Every adult American unable to
> work for pay or find employment pursuant to
> Section 1, has the right to and shall be
> provided by the Federal and State governments
> an adequate standard of living that rises
> with increases in the wealth and productivity
> of society.
>
> Section 3 The Federal and State governments
> shall serve as the employers of last resort in
> insuring fulfillment of Section 1.
>
> Section 4 In a case where Section 1 is
> in conflict with the Amendment V provision
> reading , "Nor shall private property be taken
> for public use without just compensation,"
> Section 1 of Amendment XXVIII shall prevail.
>
> Section 5. the common law doctrine of
> employment-at-will is hereby abolished.
> All employment discharge shall be with
> just cause.
>
> Section 6. The Congress shall have
> power to enforce, by appropriate legislation,
> the provision of this article.
>
> _______
>
> Charles Brown



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