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Old Posted Oct 13, 2009, 2:23 PM
Nowhereman1280 Nowhereman1280 is offline
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Join Date: Sep 2006
Location: Pungent Onion, Illinois
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Quote:
Originally Posted by VivaLFuego View Post
And no, a labor contract cannot be modified without the consent of both parties. If I'm not mistaken, that's actually a U.S. Constitution issue - nothing to do with Illinois in particular.
Well, its not really protected by the clause you quoted. The clause you quoted essentially prohibits any individual state from acting in roles reserved for the federal government such as creating a currency or signing an international agreement.

The contracts are protected by one of the most over looked human rights; property rights. Contract law is almost entirely focused on protecting the rights of people to own property and make contracts. Property rights have been around so long (since the Magna Carta) that they are hardly mentioned in the constitution, but rather assumed. The only mentions of them in the constitution come when it prohibits the government from taking the property of citizens or from forcing them to house soldiers and things of that manner. From the basic right of property comes contract law where people are able to sign agreements on just about any property from their house to their work. The labor of the CTA Employees is considered their property (consideration) and thus this contract is protected indirectly by the US Constitution.

I don't know if that made sense, but that's where the protection of the contract comes from. Its mainly a long line of legal precedent that is derived from long before the US Constitution (though the US Constitution reinforced and enhanced these rights against the transgressions that the founders of our nation experienced under British rule).
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