does the u.s. code of federal regulations supercede the authority of the amendments of the u.s. constitution?
2007-01-29 10:08:32 · 5 answers · asked by john b 1 in Politics & Government ➔ Law & Ethics
Public housing projects in Phoenix Arizona require some of their poor unemployed tenants to perform 8 hours of mandatory, involuntary work ("community service") each month, depending on their residency status.
This is not unlike the work/community service that convicted criminals are legally required to perform as part of their sentence.
However, the 13th amendment of the U.S. Constitution section 1 forbades and says:
"...slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Can they (the government) legally get away with this requirement?
2007-01-29 10:20:12 · update #1
Typical liberal thought. The government is not forcing them to work, they can always move out. And really, is that much to ask? 8 hours a month? Especially if they are UNEMPLOYED like you mention.
Violation of the 13th amendment - not even close. They are getting a government handout - 8 hours aint much to ask.
The question you should be asking is not whether we are letting the government "get away with this," but rather why are we letting those residents "getting away with" FREE housing in exchange for 8 hours of work a month. Seems like the government is getting ripped off - no?
2007-01-29 12:23:02 · answer #1 · answered by vickey m 2 · 0⤊ 0⤋
The U.S. Constitution, federal laws and U.S. treaties are the supreme law of the land under Article VI of the U.S. Constitution. The Code of Federal Regulations are not enforceable to the extent they violate the U.S. Constitution, federal laws and U.S. treaties.
Labor similar to that described in your question is not slavery and does not violate the 13th Amendment to the U.S. Constitution because the laborer is free (i.e., he or she can choose not to perform the labor and to leave the housing) and the reasonable amount of labor (a normal work day of 8 hours) is performed in exchange for housing.
2007-01-29 11:06:40 · answer #2 · answered by drewyddc 2 · 0⤊ 0⤋
Money the Root of all Evil
2007-01-29 10:15:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes to question 1.
No to question 2.
Good luck with that.
2007-01-29 10:13:38 · answer #4 · answered by Anonymous · 2⤊ 0⤋
If those people do not want to work - then they can move out.
I see nothing wrong with making somebody earn my tax money.
2007-01-29 10:48:47 · answer #5 · answered by MikeGolf 7 · 0⤊ 0⤋