... At the height of the 1937 sitdown strike at General Motors in Flint, Michigan, a judge issued an injunction ordering workers to evacuate the plants and end picketing within 24 hours. As thousands of union supporters poured into Flint and the city manager began to organize an "army of our own" to break the strike, union war veterans developed a plan that they kept secret even from union leaders. If the leaders were arrested under the injunction, the veterans "would muster an armed force among their own number and in defense of the U.S. Constitution, of 'real Patriotism,' and the union, would take over the city hall, the courthouse and police headquarters, capture and imprison all officials and release the union men."<2> A "Union Veterans Song" declared:
"We are veteran Union boys
We uphold the Constitution ...
We fought in 1861
To free this world from slavery...
And now we have to fight again
But this time for our Freedom
From being General Motors Slaves..."<3>
What are we to make of this story? The union war vets certainly seemed to be organizing an armed insurrection against the legally constituted authorities. And yet they were doing so in the name of the U.S. Constitution ...
Courts regularly issued injunctions ordering the cessation of strikes, and lawyers allied with the labor movement had no use for this argument, but it was deeply ingrained in the American working class. The often conservative AFL said that a worker confronted with an unconstitutional injunction had an imperative duty to "refuse obedience and to take whatever consequence may ensue"<9> ...
http://www.zmag.org/content/showarticle.cfm?SectionID=41&ItemID=10206