Thursday, October 13, 2005

High Crimes and Misdemeanors

From attytood "Covering Philly and the world like Cheese Whiz":

The President's day: One high crime and two misdemeanors

Misdemeanor No. 1: In using religion as a key basis for offering Miers a job, the president would appear to have violated the spirit, if not the letter, of the Civil Rights Act of 1964. According to the federal Equal Employment Opportunity Commission, Title VII of the law "prohibits employment discrimination based on race, color, religion, sex, or national origin."

Misdemeanor No. 2: More specifically, one could make the case that Bush's actions are also in violation of the Civil Service Reform Act of 1978, which specifically covers federal employees. According to the same EEOC primer: "The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability."

High crime: As you might expect, the "high crime" here is more serious, and is also the area where it's hardest to argue that the president did not cross the line. We are referring to Article VI, Clause 3 of the U.S. Constitution, which states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

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