9th Amendment Project: Official Advocacy Statement
Document ID: 9AP-POLICY-2026-004
Subject: Opposition to NYC Council “Direct Hire” Mandate & State Interference in Private Contract
Jurisdiction: The Inherent Right to Contract & Individual Economic Sovereignty
The 9th Amendment Project (9AP) has formally classified the New York City Council’s “Direct Hire” legislative package—specifically targeting delivery networks—as a structural violation of the constitutional order. By mandating that private platforms transition independent contractors to a “direct hire” employee model, the State of New York is attempting a jurisdictional seizure of private labor, effectively liquidating the individual’s right to engage in voluntary, independent economic activity.
The 9th Amendment of the U.S. Constitution mandates that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Central to these retained rights is the Inherent Right to Contract—the pre-political authority of the individual to negotiate the terms of their own labor.
- U.S. Supreme Court Precedent (Right to Contract): In Lochner v. New York (1905), while partially superseded in other areas, the Court established that “the general right to make a contract in relation to his business is part of the liberty of the individual protected by the 14th Amendment.” The 9AP asserts that the freedom to choose independent contractor status over employment is a fundamental liberty interest.
- Federal Appellate Precedent (Independent Status): The U.S. Court of Appeals for the Ninth Circuit in Olson v. California (2023) highlighted the ongoing constitutional tension in state-mandated reclassifications, noting that “the right to pursue a common calling” remains a protected interest. NYC’s mandate disparages this right by removing the worker’s choice.
- New York State Constitutional Conflict: Article I, Section 17 of the Constitution of New York declares that “labor of human beings is not a commodity or an article of commerce.” By forcing workers into a rigid employment commodity against their will, the City Council violates the spirit of individual dignity inherent in the State’s own Bill of Rights.
The 9AP Analysis: Legal and Judicial Overreach
The “Direct Hire” mandate functions as a Regulatory Kill-Switch for the independent delivery model, replacing the voluntary association of the marketplace with the compulsory dictates of the administrative state.
- Disparagement of the Minority: The New York Court of Appeals (the state’s highest court) has historically protected the freedom of contract. In Graphic Arts Mut. Ins. Co. v. State, the court noted that the state’s police power must not be used to “unnecessarily interfere with the liberty of the individual.” Forcing a 1099 worker into a W-2 box is a direct and unnecessary interference.
- The Compact of Sovereignty: Under the 10th Amendment, powers not delegated to the United States are reserved to the States or to the people. The 9AP maintains that the power to dictate the form of a private, two-party service agreement remains with The People, not the municipal government.
The 9AP Mandate: A Call to Action
The 9th Amendment Project stands in defense of the Sovereign Contractor. The right to work on one’s own terms, at one’s own time, and via one’s own contract is a right retained by the people under the 9th and 14th Amendments.
We demand the immediate repeal of the “Direct Hire” mandates. We call on all independent workers to challenge this unconstitutional reclassification in the U.S. District Courts to prevent the irrevocable disparagement of the right to private contract.
“A contract that is compelled by the state is not a contract; it is an edict. Economic sovereignty is a right we retained, and it is a right we will defend.” — 9th Amendment Project Charter
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