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View Diary: SOPA Beaten Back, Now for NDAA Military Detention of Americans. To the State Houses. (15 comments)

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  •  Except that federal prosecutors... (0+ / 0-)

    ...aren't independent actors; they're agents of the state. (If they weren't, they wouldn't be able to bring criminal charges.) That means that any federal prosecutor wanting to bring criminal charges would have to empanel a grand jury and get them to bring an indictment on treason charges; at any point in that process, which wouldn't be a quick one by any means, their superiors could dismiss them and drop the whole thing, and no charges would even make it into the court system.

    As to your second point, the Constitution isn't about employers at all; the only organization charged with "abid[ing] by the Constitution" is the federal government (and, by extension through the 14th Amendment, state and local governments on at least part of the Bill of Rights).

    For an employer to "abide by the Constitution," the entirety of his or her obligation is to follow federal laws that have been passed by Congress according to their enumerated powers under the Constitution—and there is no federal law barring employers from letting employees go on the basis of employees' speech acts or from barring certain kinds of speech in the workplace, except under certain limited circumstances (i.e., religion, etc.).

    That's not a "legal loophole"; it's built into the design of the Constitution itself, which when it was passed wasn't even intended to be binding on state or local governments, to say nothing of private employers. The Constitution's entire function is to create the federal government and set out the parameters of the relationship between the federal government, state governments, and the people.

    Relationships among the people—which are essentially what private employment situations are—fall completely outside the scope or jurisdiction of the Constitution itself, except insofar as it empowers Congress to set out some of the parameters of those relationships under certain circumstances (i.e., interstate commerce, etc.).

    "When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a communist." --Dom Helder Camara, archbishop of Recife

    by JamesGG on Mon Jan 16, 2012 at 11:48:34 AM PST

    [ Parent ]

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