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To: 4Runner

“...And these government employees earn six figure salaries...”

And are nearly imposable to fire. They can do whatever they want. It’s not like the agency has any competition from the private sector. There is no chance of them going out of business so the employees don’t care.


3 posted on 05/21/2022 6:49:48 PM PDT by Flavious_Maximus (Fauci is a murderer)
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To: Flavious_Maximus
And are nearly impossible to fire.

The federal civil service job protections violate the separation of powers envisioned by the Constitution. Congress has usurped the function of the executive to hire persons it deems appropriate to carry out its Constitutional duty to execute the laws.

According to the Congressional Research Service:

Federal employees receive statutory protections that differ from those of the private sector, including more robust limits on when they can be removed or demoted. Although a number of laws apply to various aspects of the federal civil service system, the primary governing framework is the Civil Service Reform Act of 1978 (CSRA), as amended. The CSRA created a comprehensive system for reviewing actions taken by most federal agencies against their employees, and the act provides a variety of legal protections and remedies for federal employees. It also funnels review of agency decisions to the Merit Systems Protection Board (MSPB), subject to review by the United States Court of Appeals for the Federal Circuit (Federal Circuit).

Also, the courts have accepted the wacko leftist idea imported from law school journals that having a federal job is a "property right" that cannot be terminated without "due process of law."

In addition to these statutory protections, the Due Process Clause of the Fifth Amendment requires the federal government to observe certain procedures when depriving individuals of life, liberty, or property. The CSRA’s requirement that covered employees may not be removed from federal service, except for cause or unacceptable performance, creates a constitutional property interest in continued employment. The government cannot deprive covered employees of this property interest without adhering to due process requirements.

No doubt the problem of wholesale patronage was a serious one, but the cure has been worse than the disease.

The Constitution never envisioned the huge Leviathan that the federal government has become. The course correction will begin with the rightful recognition that most of the New Deal legislation is unconstitutional.

28 posted on 05/21/2022 7:46:06 PM PDT by T Ruth (Mohammedanism shall be destroyed.)
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