Business - Law
Business LAW ISSUES
The Commerce Clause of Article One reserves to Congress the power to "regulate commerce...among the several states." The proposed rule cannot survive the exercise of Congressional authority opposing it. The Necessary and Proper Clause of Article One provides for congressional authority to "make all Laws which shall be necessary and proper for carrying into Execution...all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." That power includes the authority to invalidate contradictory state laws. The Privileges and Immunity Clause of Article Four guarantees that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," which includes the right to travel freely among and between all individual states. The proposed law violates the Privileges and Immunities Clause.
"Employees at will" cannot sue for wrongful discharge if the reason for the discharge is not related to specific constitutionally protected classes of people or categories of motivation, such as their race or religion. Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
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