Does the Government Shutdown Create Indentured Servitude and Also Violate Due Process?
Donald Trump daily violates the 5th Amendment Due Process Clause in many ways. Now he is violating the Property part of the clause with forcing 400,000 government workers to work without giving them their pay when due. The 5th Amendment prohibits the federal government of “depriving persons of life, liberty or property without due process of law”. By refusing to sign a budget for all federal departments, but still forcing 400,000 to work at crucial jobs and security agencies without pay, Trump has clearly deprived them of their Property without convicting them of any crime to which he can attach a lien on their property. The government MUST pay them immediately.
Update: I just saw on NBC Nightly News that a lawyer had sued under the thirteenth Amendment, and was turned down. Maybe they will appeal. At least the relevance of the thirteenth amendment was not a crazy idea.
Whoever suggested that they use their sick time instead of doing work has equally deprived them of their benefits that they have earned, and may well need for medical appointments and for care for themselves or family members. This earned compensation is also their property.
People working without pay in America or the in the world is equivalent to Indentured Servitude which is ruled out in America by the 13th Amendment, which also abolished slavery. It is also ruled out by the Universal Declaration of Human Rights as a form of slavery.
Violating two Constitutional Rights in the Bill of Rights, and bringing back Involuntary Servitude is not Making America Great Again.
Again, I am not a lawyer or a law student. Neither is our President anymore. I was deeply disturbed when Trump’s nominee for Attorney General, William Barr, said several times that if Trump gives him an illegal order, he will (meekly) resign. First you inform the President that this is another illegal order, as he tweets everyday, and that you will not carry it out. Neither will anybody else in the DOJ. If Trump continues to insist, he will have to pay the price of firing the duly Senate-approved Attorney General. If Barr really does insist on resigning, he will only last a day or two on the job.