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Ethics in the Federal Government

In: Business and Management

Submitted By jfrancis61
Words 2748
Pages 11
Are Ethics Laws in the Federal Government a Violation of Constitutional Rights?

Abstract

The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees.

Are Ethics Laws in the Federal Government a Violation of Constitutional Rights?

Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.”1 (CSC v. Letter Carriers, 1973, para. 25) Ethical behavior by public administrators was certainly on the radar of our founding fathers, long before the any official legislation was designed or passed. However, imposing restrictions on federal employees without trampling on their constitutional rights would prove to be an on-going challenge for the lawmakers.
The Congressional

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