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01-08-2018, 04:05 PM
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#46
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by dilbert firestorm
there is nothing in the constitution that prohibits a president from firing employees.
Abraham Lincoln fired 1100 employees when he became president. If he can do that, so can Donald Trump. every other president before or after him can do it when he/she finds it prudent to do so. He/she doesn't need a reason.
what you speak of is the merit based law, federal managers can't just fire employees unilaterally. they have follow to procedure to justify firing an employee.
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The Pendelton Civil Service Act was passed after Lincoln was president.
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01-09-2018, 12:15 AM
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#48
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by I B Hankering
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yes, but not in response to what Lincoln did when he fired 1200 employees which was 80% of the federal workforce.
this legislation was in response to Garfield's assassination by a man who thought he was "entitled" to a govt. job under the spoils system.
this legislation has an interesting quirk. it allowed a president to move someone who was appointed and covert to a civil job.
there was a provision that allowed outgoing presidents to lock in their own appointees by converting jobs to civil service
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01-09-2018, 12:25 AM
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#49
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by LexusLover
The Due Process clause says he can't just SUMMARILY fire someone THAT HE DIDN'T HIRE (OR APPOINT)! (And it doesn't say those exact words, of course, by that is the case law application of the principles of "due process" as applied to government employees. My recollection there is one person in the DOJ he "appointed" or "hired"! That's Sessions. If you know others then please list.
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Quote:
Originally Posted by dilbert firestorm
well, he can't fire appointed employees? Trump fired a whole bunch of Obama appointed employees. so you're saying he can't fire them?
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Quote:
Originally Posted by I B Hankering
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Since that law was in effect for almost 100 years, it didn't stop Ronald Reagan from firing 11,000 air traffic controllers in 1980.
this is the largest firing by numbers by a president since Abraham Lincoln.
Lincoln holds the record for the largest firing in history by percentage.
FDR fired generals I think about 200.
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01-09-2018, 07:37 AM
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#50
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by dilbert firestorm
yes, but not in response to what Lincoln did when he fired 1200 employees which was 80% of the federal workforce.
this legislation was in response to Garfield's assassination by a man who thought he was "entitled" to a govt. job under the spoils system.
this legislation has an interesting quirk. it allowed a president to move someone who was appointed and covert to a civil job.
there was a provision that allowed outgoing presidents to lock in their own appointees by converting jobs to civil service
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Yes, in a manner of speaking, the Pendleton Civil Service Act was passed for what Lincoln -- and every other president beginning with Andrew Jackson -- did. Garfield's assassination was the proverbial straw that finally facilitated the passage of a law that would finally curtail the ills of "patronage" and the "spoils system". It was also at this point in American history that teachers in public schools and universities were given "tenure" to prevent their firing just because a new administration from the opposing political party won an election.
Quote:
Originally Posted by dilbert firestorm
Since that law was in effect for almost 100 years, it didn't stop Ronald Reagan from firing 11,000 air traffic controllers in 1980.
this is the largest firing by numbers by a president since Abraham Lincoln.
Lincoln holds the record for the largest firing in history by percentage.
FDR fired generals I think about 200.
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Officers in the U.S. military hold their commissions at the prerogative of the president.
Quote:
"This commission is to continue in force during the pleasure of the President of the United States of America for the time being, under the provisions of those Public Laws relating to Officers of the Armed Forces of the United States of America and the component thereof in which this appointment is made."
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General Marshall had much to say about which generals FDR fired. There's a story about one general that Marshall approached to take an overseas command just as WWII broke out. That particular general was happy and honored with being selected, but explained that he and his wife had just bought a new home and they were in the process of moving; so, it would be a few weeks before he could deploy. Marshall didn't for one moment try to argue or browbeat the general into going, he just moved to the next man on his list and the general with the new home no longer had a job.
BTW, if you'll recall, those air traffic controllers walked off the job and wouldn't return to work. Reagan gave them the option of returning to work or be replaced. The strikers chose not to return to work. Reagan replaced them.
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01-09-2018, 07:54 AM
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#51
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,272
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Be careful folks....Gnad will rtm this post for getting off topic!

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01-09-2018, 07:59 AM
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#52
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BANNED
Join Date: Jan 3, 2010
Location: Clarksville
Posts: 62,981
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Replaced = fired, IrritBle Bowel Hanky.
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01-09-2018, 07:23 PM
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#53
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by WTF
Be careful folks....Gnad will rtm this post for getting off topic!

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who's gnad? you mean gonads?
no mod has ever locked down a thread for going way off topic.
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01-09-2018, 07:24 PM
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#54
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Valued Poster
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by Yssup Rider
Replaced = fired, IrritBle Bowel Hanky.
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semantics, semantics. lol!!!
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