Two prominent attorneys offer another reason the Employee Free Choice Act of 2009 -- also known as "card check" -- should be rejected by Congress: It's unconstitutional.

Writing in the Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey argue that the card check legislation that denies workers the right to a secret ballot violates the First Amendment and probably the Fifth and 14th Amendment due process clauses too.

From their column:

There can be little doubt that the act of voting on important issues is a form of symbolic speech, residing at the very core of the interests protected by the Constitution. The secret ballot has not only been adopted in federal and state elections, it is recognized as a fundamental human right in a number of international instruments. This includes the U.N. Covenant on Civil and Political Rights, to which the United States is a party, that requires secret

ballot voting as "guaranteeing the free expression of the will of the electors."Read the full column at the newspaper's Web site.