Tuesday, March 30, 2010
Contract law and public pensions
So, I am not a lawyerbut I am a taxpayer. A taxpayer in New Jersey, yet, which means I really know from paying taxes.
The conservative and libertarian blogospheres have been sounding the alarm about public-employee pensions for some time, to no noticeable effect. But everyone assumes that the obligations to the pensioners are inviolate.
But it is, I think, basic to contract law that contracts made under false pretencesthrough fraud, extortion, bribery, and suchhave no legal force.
Isn't the implicit quid-pro-quo between legislators and the SEIU reason enough to consider any contract between a legislature and a union null and void? I think one need only show that the public-'service' unions' efforts on behalf of politicians who vote to hand over our tax dollars to union featherbedders constitutes a form of extortion to enable any legislature to abrogate any public-employee contract.
Or am I just dreaming?
posted by vepxistqaosani 12:18 PM