On the recordJuly 31, 2013
I thank the gentleman. Why is it that every unit of government puts employees they want to fire, they know they want to fire them, on administrative leave with pay while due process proceeds, even when the person is accused of serious offenses? Because the employer, my friends, is the government. That's the difference. The employee has certain due process rights that the same employee would not have if the employer were a private business. That is civics 101, gentlemen. Justice Powell, writing in Arnett v. Kennedy about due process rights of employees said: Due process is conferred not by legislative grace, but by constitutional guarantee. This bill comes from a Republican House that requires that Members state the constitutional basis for every bill introduced in this House. This bill expresses a Republican frustration that Lois Lerner of the IRS was placed on administrative leave with pay. Sorry folks, you're not allowed to support the Constitution only when you like the results. Let's defeat this ``prove your innocence'' departure from the Constitution of the United States.





