Once you served your time in prison, the government has no right to deny you a government level job based on your history. This is denying the right to have a job and is one step towards a police state.
Background checks are unconstitutional.
Once you served your time in prison, the government has no right to deny you a government level job based on your history. This is denying the right to have a job and is one step towards a police state.
HOW ABOUT 'DEM VIKINGS
-Martok
Re: Background checks are unconstitutional.
I agree. Keep people in prison forever.
"That rifle hanging on the wall of the working-class flat or labourer's cottage is the symbol of democracy. It is our job to see that it stays there."
-Eric "George Orwell" Blair
"If the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court...the people will have ceased to be their own rulers, having to that extent practically resigned the government into the hands of that eminent tribunal."
(Lincoln's First Inaugural Address, 1861).
ΜΟΛΩΝ ΛΑΒΕ
Re: Background checks are unconstitutional.
Originally Posted by SwedishFish
Care to elaborate on this. Background checks go on in many sectors of the economy, not just for government jobs. Many companies will not hire a convicted felon.
O well, seems like 'some' people decide to ruin a perfectly valid threat. Nice going guys... doc bean
Re: Background checks are unconstitutional.
It all depends on the job and on the crime the person committed.
Re: Background checks are unconstitutional.
there is no right to have a job.
Last edited by Strike For The South; 09-02-2008 at 01:36.
There, but for the grace of God, goes John Bradford
My aim, then, was to whip the rebels, to humble their pride, to follow them to their inmost recesses, and make them fear and dread us. Fear is the beginning of wisdom.
I am tired and sick of war. Its glory is all moonshine. It is only those who have neither fired a shot nor heard the shrieks and groans of the wounded who cry aloud for blood, for vengeance, for desolation.
Re: Background checks are unconstitutional.
Life, liberty, and the pursuit of happiness.
HOW ABOUT 'DEM VIKINGS
-Martok
Re: Background checks are unconstitutional.
if a business wants to do a background check on you, you can accept and get the job or deny and that business has the right to give the job to someone who will submit to the check. You and Tuff stuff kep taking unrelated things and trying to tie them back to the original issue.
There, but for the grace of God, goes John Bradford
My aim, then, was to whip the rebels, to humble their pride, to follow them to their inmost recesses, and make them fear and dread us. Fear is the beginning of wisdom.
I am tired and sick of war. Its glory is all moonshine. It is only those who have neither fired a shot nor heard the shrieks and groans of the wounded who cry aloud for blood, for vengeance, for desolation.
Re: Background checks are unconstitutional.
As Strike notes, there is no right to a job. The government should not prevent you from pursuing gainful employment -- but it has no mandated requirement to provide you with employment.
Moreover, thought the preamble of the Declaration does set the tone for our form of government, it is the U.S. Constitution that delimits that government. The Declaration is mostly a catalogue of complaints listed by the colonials as their justification for telling Lord North and George Hanover to bugger off.
You might make a useful argument that a felon, having served the entirety of their mandated sentence has paid their debt to society and that the simple fact of their felonious status should not -- in and of itself -- bar them from federal employment. However, to take the stance that any and all background checking addressing past criminality is inappropriate would be a poor argument.
Is it not reasonable to assume that being adjudged a perjurer might invalidate someone as a federal judge? Or might it seem reasonable to screen out convicted drug dealers from the DEA unless and until the DEA is itself convinced that the person in question is so changed as to represent a resource rather than a liability? Is it not reasonable to screen John Hinkley out of any chance at serving on the protective detail of the Secret Service?
"The only way that has ever been discovered to have a lot of people cooperate together voluntarily is through the free market. And that's why it's so essential to preserving individual freedom.” -- Milton Friedman
"The urge to save humanity is almost always a false front for the urge to rule." -- H. L. Mencken
Re: Background checks are unconstitutional.
I doubt a kindergarten would want a pedophile for an employee. :D
BLARGH!
Re: Background checks are unconstitutional.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
Still maintain that crying on the pitch should warrant a 3 match ban
Re: Background checks are unconstitutional.
Bah! Liberal clap-trap!
Rest in Peace TosaInu, the Org will be your legacy
Re: Background checks are unconstitutional.
They can always go into politics...they'd fit right in.Spoiler Alert, click show to read:
Last edited by Hosakawa Tito; 09-02-2008 at 15:59.
"He is no fool who gives what he cannot keep to gain that which he cannot lose." *Jim Elliot*
Re: Background checks are unconstitutional.
We don't care for your foreign laws here!
CR
Ja Mata, Tosa.
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement! - William Pitt the Elder
Re: Background checks are unconstitutional.
This is from the UN Resolution regarding a Universal Declaration of Human Rights. The USA prevents no one from seeking employment, does not force employment choices upon its citizens, has a number of laws designed to ensure just and favorable conditions, and does offer some protection against unemployment.
This "right" is not a direct part of our constitution, however. Moreover, the right to work is just that, a right, not a guarantee.
"The only way that has ever been discovered to have a lot of people cooperate together voluntarily is through the free market. And that's why it's so essential to preserving individual freedom.” -- Milton Friedman
"The urge to save humanity is almost always a false front for the urge to rule." -- H. L. Mencken
Re: Background checks are unconstitutional.
You are, however, a signatory of the Declaration, thus your government has accepted it as having a standing.
Rest in Peace TosaInu, the Org will be your legacy
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