One thing that Tuesday’s elections proved is that union money is not going to win elections this year. In 2008, the Service Employees International Union spent $60-million to help elect President Obama and Democratic candidates to both houses of congress. Altogether, organized labor gave Democratic candidates $400-million in 2008. That money may have been well spent then, but look at the outcome in 2009!

Governor John Corzine’s various and well-publicized relationships with unions hurt both him and the unions in New Jersey. In Virginia, Governor-elect Bob McDonnell won by large margin after vigorously campaigning against the Employee Free Choice Act. In both states, conservative Republicans triumphed over union supported candidates.

And now many Democrats, having analyzed the election results, are against the so-called “card check” provision of the Employee Free Choice Act. Unions have invested their members’ money with, what some would consider, Quixotic abandon. And what has been the return on that investment? The defeat of two pro-union candidates and the likely demise of “card checks.” Union members should demand refunds!

By passing the Employee Free Choice Act (EFCA) and imposing card checks on Corporate America, the Democrats will – in effect – eliminate the free speech of workers. Since 1935, when the National Labor Relations Act was passed and signed into law, workers were assured that their opinions about unionization would be protected. During secret ballot elections in which employees could vote their preference about unionization, the opinions of workers would be kept private. Under the EFCA, however, private opinions will no longer be private. A worker’s colleagues and union organizers will readily know if that worker is in favor of unionization. Such a worker will no doubt be pressured and perhaps coerced into signing a card check authorizing union representation.

As two former Justice Department lawyers, David B. Rivkin Jr. and Lee A. Casey, who served under President Reagan and President George H. W. Bush,  wrote in a recent Wall Street Journal editorial: "Three of the Constitution's Framers -- James Madison, Alexander Hamilton and John Jay -- wrote the Federalist Papers supporting its ratification under the anonymous pen name Publius." If they had announced their identities, British authorities would have arrested them for sedition.

The authors further wrote: "When courts have upheld restrictions on anonymous speech, they have required that such provisions be narrowly tailored to serve an overriding governmental interest." There is, obviously, no government interest in denying the protection of anonymity to workers.

Imagine what would happen to American democracy if we all had to state our votes in public, and our private speech was curtailed. We would all become victims of coercive politics. Strong arm tactics would be the order (or disorder) of the day.

This is another reason why the Employee Free Choice Act should not become the law of the land.