Compelled to work without pay, federal employees sue Trump for violating 13th Amendment
Source: Washington Post
A group of federal employees working without pay during the partial government shutdown have likened their predicament to involuntary servitude in a lawsuit filed last week, accusing President Trump and their bosses of violating the 13th Amendment.
The lawsuit marks at least the third pursued by federal workers against the Trump administration as the government shutdown enters its 23rd day, the longest in history, leaving hundreds of thousands of employees without a paycheck and, in many cases, struggling to pay bills. Agents with U.S. Customs and Border Protection and workers for the Bureau of Prisons have already filed lawsuits against the administration through their respective unions.
But this case, filed Wednesday in the United States District Court for the District of Columbia, diverges from the others by invoking the 13th Amendment, which abolished slavery and involuntary servitude in the aftermath of the Civil War.
The four plaintiffs, who are from Texas and West Virginia, work for the departments of Justice, Agriculture and Transportation; one is an air traffic controller. The lawsuit also claims violations of the Fair Labor Standards Act, among other statutes.
Read more: https://www.washingtonpost.com/nation/2019/01/14/compelled-work-without-pay-federal-employees-sue-trump-violating-th-amendment/?utm_term=.1c8e0a300add
BumRushDaShow
(129,987 posts)this seems like a novel but important argument as whatever cases are brought need to reference some violation of the Constitution. And in this case, the "involuntary servitude" cannot be permitted because of the stipulation that is noted in this amendment and should be considered a clear cut violation...
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
https://www.law.cornell.edu/constitution/amendmentxiii
I.e., federal employees who have been furloughed have not been considered subject to a "crime whereof the party shall have been duly convicted".
greatbaldeagle
(157 posts)If you think about it, slavery is STILL LEGAL in 2019 because the 13th Amendment just HAD to include the clause "except as a punishment for a crime". This gave the powerful a way to continue slavery through the prison industrial complex. So of course the people who write the laws and enforce the laws determine who the targets are for prison. And of course the most disproportionate group of people affected by it just happen to be black men.
Sometimes I wish we could just modernize the whole damned Constitution and start over. It's really not fair that we STILL have to live by a document written by powerful white slave owners that clearly had an agenda that served those who looked like them. At the time it was written, women had no say and black people were slaves. When many of the Amendments were written, so many people didn't have the right to vote and therefore had no say in who represented them in government. To me it should be considered illegitimate. Could you imagine if Adolph Hitler and his group of Nazis wrote the foundation of the German government and the German people still worshiped that document in 2019?
BumRushDaShow
(129,987 posts)the 14th amendment has been used to try to minimize and mitigate that statement in the 13th amendment and so far since that was originally ratified, inmates have been "paid" (a pittance but paid). Agree that some serious revisions need to happen but of course you know what that would require and although the demographics changes are becoming more favorable for change, we ain't there yet.
IronLionZion
(45,641 posts)slavery is still legal. It's a just a coincidence that most prisoners and wrongfully convicted people are black.
watoos
(7,142 posts)but these people are going to win and get double damages.
onenote
(42,831 posts)or, at most, summary judgment.
They are going to get paid. Hell, its not unheard of for some people to only get paid once a month. Or upon completion of a project. That's not slavery or indentured servitude and it trivialize what slavery and indentured servitude is claim the government shutdown is equivalent.
If this suit had been brought against the Clinton administration after Bill vetoed a republican funding bill in 1995, leading to a government shutdown, there would be howls of protest here.
duforsure
(11,885 posts)And there will be consequences not only for that , but for trump and the gop working for putin and against this country. The 2020 elections, if putin doesn't cyber attack us first with help from trump , and we lose our power grid to them and our financial banking institutions with it, they will be voted out of office , then Democrats will retake control of it all, and reverse everything trump and the gop did to hurt us, and remove all appointments, and judicial appointments that putin and trump and the gop made.
Rizen
(727 posts)the government. Republicans are holding the country hostage for the wall. They should be sued.
Lonestarblue
(10,159 posts)When Democrats control both houses of Congress and the presidency again, we need a law stipulating that if Congress and the president cannot agree on a new budget figure, the budget amount already in place with the current budget remains in effect until they can agree. Neither party should be able to shut down government as a political tactic.
SunSeeker
(51,798 posts)djacq
(1,634 posts)GetRidOfThem
(869 posts)onenote
(42,831 posts)blueinredohio
(6,797 posts)who voted for Trump?
IronLionZion
(45,641 posts)Dipshit has treated them very badly for no good reason, and many are unable to pay rent/mortgage or large medical bills for family members, and more.
Not everyone has savings.
IronLionZion
(45,641 posts)I'm sure most Americans would empathize and support these unpaid workers but about 1/3 that are still supporting Trump are just plain deplorable
DeminPennswoods
(15,295 posts)like - say Martin Skreli - sentenced to a term of slavery instead of prison?
jmowreader
(50,590 posts)A much better sentence for white collar criminals is to order them to fix what they broke. They can do it from inside a cell.