Thursday, July 2, 2015

What Would You Do? What SHOULD You Do?


You work for a large company. The company has had in place, for many years, a policy they use to make major changes that affect all employees, which enables the employees to have a say in how the company is run.  Each department choses a representative for their department.  

When a new policy is proposed each department votes on the proposal and the representatives meet to discuss the proposal, what each department voted, either for or against the new policy. Depending on the policy, it can be applied company-wide or in the individual departments that approve it.  

A new policy had been submitted.  In this company it has been the policy for Saturday work days. It appears that the majority of the people would like to have Saturday off, but there are some who like the extra pay working Saturday gives them.  Each Department will determine for themselves if the employees will work Saturdays or have Saturdays off.  This will be determined by what the workers want and if they can accomplish the work that needs to be done with one less work day. 

The departments have been discussing and voting.  Suddenly the Board of Directors, because they are tired of listening to their friends and family complain, think the process is taking too long and declare that everyone will have Saturday off.  The board’s job is not to make policy, but to ensure polices are being followed and that the company remains on track.  According to company regulations, the management can make policies, but only with input from the departments. 

The management allows the board to enact this new policy because they, themselves like the policy, it would give them Saturdays off.  

Assuming you want Saturdays off, what would you do? Do you keep quiet because you like the new policy and believe that the majority of the people like the policy so it’s ok? Do you insist creation of a new policy follow procedure, even though it may take longer but is the proper way to handle the policy, after all, the policy may not benefit everyone and everyone has the right to input and the board has no right making policy, only ensuring policy doesn’t violate company rules also knowing that this opens the door for the board to arbitrarily make other policies that you and the other employees do not like and would have no say about?

What do you do?

Make your decision then scroll down

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You live in America. America has had in place, for many years, a Constitution they use to make major changes that affect all citizens, which enables the citizens to have a say in how the company is run.  Each state elects representatives for their state.  When a new law is proposed each state votes on the law and the representatives meet to vote, what each citizen of his/her state voted, either for or against the new law. Depending on the law, it can be applied nation-wide or it could be a law which does not fall within the realm of a federal law, but a law that would be required to be an individual state law. 
The federal government is limited by the Constitution as to what laws they can and cannot make.

According to the Constitution, the federal government is responsible for laws enumerated in the Constitution under Article 1and nothing more, everything else falls to the state 
Note:  The 10th Amendment states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 

The Supreme Court does not make laws, they determine if laws are Constitutional, their job is described, in detail, in Article 3 of the Constitution.

So a new law has been submitted to the state.  In this case the law is that same sex marriage is legal.  Under the Constitution, each state should determine for themselves if the same sex marriage will be legal.  This will be determined by what the citizens of the state want by majority.  The states have been discussing and voting.  Suddenly the Supreme Court, because they are tired of listening to their friends and family complain, think the process is taking too long declare that same sex marriage is legal in all states.  The Supreme Court’s job is not to make law, but to ensure laws are being followed under the Constitution. Under the Constitution, same sex marriage would not fall under federal law but state law. It is unconstitutional to create a federal same sex marriage law.  

Should the Supreme Court determine that same sex marriage can be applied to taxation, the law would still not fall under Supreme Court but with the Legislative Branch.  The Senators and Representatives, having been elected by their constituents, should vote based on the wishes of his/her constituents.  

In this case the management, in other words the President/Vice President/many of the Legislative branch have allowed SCOTUS to enact this new ‘law’ because they, themselves like the ‘law.’  It bypasses the headache of having this put on a ballot and voted on in their state.  

Assuming you are for same sex marriage, what would you do? Do you keep quiet because you want same sex marriage and believe that the majority of the people also want same sex marriage and because you think it’s fair and right, so it’s ok that SCOTUS over stepped its bounds? Do you insist creation of same sex laws follow procedure, follow the Constitution even though it may take longer but is the Constitutional and legal way to handle the policy, after all, not everyone is pro-same sex marriage and everyone has the right to input, even if they disagree with me and SCOTUS has no right making law, only ensuring law doesn’t violate the Constitution, also knowing that this opens the door for SCOTUS to arbitrarily make other laws that you and the other citizens do not like and would have no say about?

What SHOULD you do?