Does Modern Labor Law Violate The Fifth Amendment?

In December, the U.S. Department of labor closed the public-comment period for new regulations under the H-2A visa program. Among the more controversial parts of the regulations was a proposal to expand union access to certain agricultural worksites. Though some commenters objected that the proposal would effectively extract an uncompensated easement, the Department mostly ignored those concerns. Instead, it focused solely on expanding union access.

In that respect, it was not alone. Regulators at all levels of government have been pushing to expand union access to private property. Their goal has been to boost a labor movement that has only recently shown new signs of life. But in their haste, they have not only contradicted recent Supreme Court precedent, but also revived longstanding questions about the relationship between property and labor. And those questions could spark a conflict over the very structure of American labor law.