I understand that there are right to work states. That's not the issue. My question is whether a state or the federal government have the right to prohibit collective bargaining.
It seems to me that the First Amendment clearly establishes the right to unionize, although, of course, unions are not mentioned by name. But the right to free speech and assembly are clearly at work here. If workers choose to assemble in order to get their voices heard, what right has anyone to deny them?
How are lobbyists different in this regard from unions? As much as I hate lobbyists, I know it is their right to create PACs and to lobby for whatever cause they choose. Surely the Republicans would invoke their first amendment rights if someone tried to take away SarahPAC's ability to raise money and lobby for their causes, however stupid some of them may be. How do Republicans justify the constitutionality of silencing unions?
If there are any experts in union history or law who can answer this question, I'd surely appreciate it.
On a related note, why can't Obama or some Democrat propose legislation making the right to collective bargaining the law of the land?