What About the No Test Oath Clause
bobsheridan at earthlink.net
Fri Nov 24 20:53:55 PST 2006
I don't know, perhaps the right against unreasonable search and
seizure. Public accommodation in allegedly private workplaces? Lunch
counters during the 'Sixties? Ollie's BBQ and Heart of Atlanta on civil
rights and the Commerce Clause on which they rely....
I just hadn't thought the private workplace was a Constitution-free zone
before, that's all, and hesitated to let pass uncritically such a broad
sounding proposition. Some folks apparently thought Guantanamo was a
Constitution-free zone, to their possible surprise.
Perhaps you're making a distinction between statutory doctrine under the
Constitution, or supported by the Constitution, and a narrower view of
Constitutional Law than I was thinking.
Steven Jamar wrote:
> On Nov 24, 2006, at 7:30 PM, Bob Sheridan wrote:
>> Steven Jamar wrote:
>> "...Fourth, to the private workplace the US Constitution does not
>> reach. So one would need to look to the duty to accommodate
>> religious practices and beliefs under state anti-discrimination laws."
>> The Constitution may or may not reach the private workplace per se,
> Under what circumstances may the Constitution reach the private
> workplace per se, other than the 13th Amendment banning slavery?
>> but if a large business, such as Macy's, for example, fires a worker
>> for showing up with a Muslim head-scarf, doesn't she have an issue to
>> bring to the U.S. EEOC as a matter of religious discrimination in
> Statutory claim. Not constitutional claim, no?
>> Bob S.
> Prof. Steven D. Jamar vox: 202-806-8017
> Howard University School of Law fax: 202-806-8567
> 2900 Van Ness Street NW mailto:stevenjamar at gmail.com
> Washington, DC 20008 http://iipsj.com/SDJ/
> "Rarely do we find men who willingly engage in hard, solid thinking.
> There is an almost universal quest for easy answers and half-baked
> solutions. Nothing pains some people more than having to think."
> */- Martin Luther King Jr., "Strength to Love", 1963/*
> To post, send message to Conlawprof at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
> Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
-------------- next part --------------
A non-text attachment was scrubbed...
Size: 73 bytes
Desc: not available
Url : http://lists.ucla.edu/pipermail/conlawprof/attachments/20061124/42b803a0/bobsheridan.vcf
More information about the Conlawprof