Senate Amendment 2566
During the Great Bailout, Congress amended the federal tax code and the President personally appointed a Bonus Czar to oversee CEO bonuses. More recently, Senator Al Franken introduced Senate Amendment 2566, which made me reflect on how our federal government was designed to work and how it is working right now.
Let's go back to Government 101. There are three branches of US federal government:
* The legislative branch of government is made up of the Congress and government agencies, such as the Government Printing Office and Library of Congress, that provide assistance to and support services for the Congress. Article I of the Constitution established this branch and gave Congress the power to make laws. Congress has two parts, the House of Representatives and the Senate.
* The executive branch of Government makes sure that the laws of the United States are obeyed. The President of the United States is the head of the executive branch of government. This branch is very large so the President gets help from the Vice President, department heads (Cabinet members), and heads of independent agencies.
* The judicial branch of government is made up of the court system. The Supreme Court is the highest court in the land. Article III of the Constitution established this Court and all other Federal courts were created by Congress. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
(reference: Ben's Guide to U.S. Government for Kids -- the ONLY web reference Google or I could find which actually got it right.)
Or, in even simpler terms:
* Congress writes the law.
* The executive branch enforces the law.
* The Supreme Court interprets the law in the context of the Constitution.
Senate Amendment 2566 prohibits "the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims [about sexual assault]." (Source: The Huffington Post)
In the Halliburton Company, KBR case, an employee was sexually assaulted but signed a contract waiving that employee's right to sue the company. Such a contract is unconstitutional, illegal, and so on; however, apparently the employee has not filed a lawsuit, perhaps in the belief that the contract is legal within the context of the U.S. Constitution.
Senate Amendment 2566 recognizes that there is a moral problem. However, this new law cannot be uniformly (equally) enforced for all corporations; furthermore, the word "mandatory" provides a loophole in that it requires prosecutors to provide evidence that it was necessary for an employee to sign certain parts of their contract(s) to gain employment.
The real effect this law will have is to make contracts less transparent so companies like Halliburton stay competitive with their competitors (who probably have nontransparent contracts and thus are eligible for federal funds).
It is the role of the Supreme Court, not Congress, to decide arguments about the meaning of laws (such as the Fourth Amendment), how they are applied, and whether they break the rules of the Constitution.
Let's go back to Government 101. There are three branches of US federal government:
* The legislative branch of government is made up of the Congress and government agencies, such as the Government Printing Office and Library of Congress, that provide assistance to and support services for the Congress. Article I of the Constitution established this branch and gave Congress the power to make laws. Congress has two parts, the House of Representatives and the Senate.
* The executive branch of Government makes sure that the laws of the United States are obeyed. The President of the United States is the head of the executive branch of government. This branch is very large so the President gets help from the Vice President, department heads (Cabinet members), and heads of independent agencies.
* The judicial branch of government is made up of the court system. The Supreme Court is the highest court in the land. Article III of the Constitution established this Court and all other Federal courts were created by Congress. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
(reference: Ben's Guide to U.S. Government for Kids -- the ONLY web reference Google or I could find which actually got it right.)
Or, in even simpler terms:
* Congress writes the law.
* The executive branch enforces the law.
* The Supreme Court interprets the law in the context of the Constitution.
Senate Amendment 2566 prohibits "the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims [about sexual assault]." (Source: The Huffington Post)
In the Halliburton Company, KBR case, an employee was sexually assaulted but signed a contract waiving that employee's right to sue the company. Such a contract is unconstitutional, illegal, and so on; however, apparently the employee has not filed a lawsuit, perhaps in the belief that the contract is legal within the context of the U.S. Constitution.
Senate Amendment 2566 recognizes that there is a moral problem. However, this new law cannot be uniformly (equally) enforced for all corporations; furthermore, the word "mandatory" provides a loophole in that it requires prosecutors to provide evidence that it was necessary for an employee to sign certain parts of their contract(s) to gain employment.
The real effect this law will have is to make contracts less transparent so companies like Halliburton stay competitive with their competitors (who probably have nontransparent contracts and thus are eligible for federal funds).
It is the role of the Supreme Court, not Congress, to decide arguments about the meaning of laws (such as the Fourth Amendment), how they are applied, and whether they break the rules of the Constitution.