What About the No Test Oath Clause
bobsheridan at earthlink.net
Sat Nov 25 09:23:08 PST 2006
Right. We seem to have been talking past each other.
What you wrote: "Fourth, to the private workplace the US Constitution
does not reach."
What I reasoned: "But, the Constitution restrains government entry
into the workplace, say w/o a warrant, and supports statutory
restrictions such as civil rights laws which do enter the private
If I'm reading you right, now, you seem to be saying that the
Constitution, text and interpretations such as the public/private
distinction originating in the 19th c. "Civil Rights Cases," doesn't
restrain private employers in the private workplace, nor protect the
employees there (except 13th Amend.) and you don't count statute law as
being the equivalent of constitutional law in this regard, despite
whatever constitutional support it may enjoy.
Steven Jamar wrote:
> On Nov 24, 2006, at 11:53 PM, Bob Sheridan wrote:
>> 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....
> Sorry, but I think it is the government which is prohibited from
> unreasonable searches and seizures, not private employers (subject to
> statutory limits or maybe some common law of privacy). And all the
> others are clearly statutory.
>> 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.
> Clearly government action at Guantanamo.
>> 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.
> Clearly we are using the term differently.
>> Bob S.
>> Steven Jamar wrote:
> 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/
> "God, give us grace to accept with serenity the things that cannot be
> changed, courage to change the things which should be changed, and the
> wisdom to distinguish the one from the other."
> Reinhold Neibuhr 1943
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