Affirmative Action: Here Is the Real Tyranny

Oracle, the powerful multinational tech company, filed a lawsuit in United States District Court on November 29. Suits are filed by companies like these on a daily basis. So what makes this suit so different? For starters, Secretary of Labor Eugene Scalia was named in the suit. In addition to Scalia, Craig Leen also finds himself in legal hot water.

He is the director of the Office of Federal Contract Compliance Programs. According to this complaint, the Office of Federal Contract Compliance Programs is violating several laws. They are accused of violating the Equal Employment Opportunity Act of 1972, the Civil Rights Act of 1964 and even the Constitution itself.

Oracle’s claims definitely have validity and Scalia should be willing to admit that publicly. The procedures that take place under the current guidelines also allow the Office of Federal Contract Compliance Programs to ignore the importance of due process. President Trump will also need to take certain steps to make sure that these types of issues do not continue in the years to come.

Administrative tyranny is at an all time high and this is something that needs to be addressed. Other executive agencies need the proper direction, so that mistakes like these can be avoided in the future. Otherwise, lawsuits like the one Oracle has decided to file are only going to become more and more commonplace.

We need to be challenging the status quo. Administrative tyranny has been allowed to reign supreme for far too long. Too many officials were willing to stand idly by and allow these decisions to take place, oblivious to their long term effect. Judicial, executive and legislative powers should not be combined into one singular authority.

This is the sort of power that the Office of Federal Contract Compliance Programs has been allowed to enjoy for far too long now. Executive Order 11246 was signed into law by Lyndon B. Johnson back in 1965 and mandated affirmative action. Nondiscrimination was also considered, as the government looked to assist minorities and female employees who were not getting a fair shake.

By questioning the level of power that the Office of Federal Contract Compliance Program has, we are not looking to disrespect or demean what they were trying to accomplish. The accumulation of powers is something that should always be avoided at all costs, even when the mission at hand seems to be a benign one.

The actions that are deemed nondiscriminatory or affirmative are only being determined by one branch. If violations take place, this is the only branch that has the power to rectify them. This branch has the ability to kill off any company at any time, especially when massive fines are levied.

In some cases, permanent disbarment takes place and there is no way for a company to rally from this type of ruling. It is easy to see why so many are nervous about the level of power that the branch has been allowed to consolidate. This is why there are so few suits that have questioned the level of power that the office has accumulated.

No one wants to be on the receiving end of a major fine or a disbarment. The office cannot possibly provide due process because of their obvious level of impartiality. How can enforcement offices possibly feign ignorance about changes that they have already decided to mandate? This is a thorny question and it is one that Oracle is committed to getting to the bottom of.

The Trump administration, for their part, has continued to defend this level of tyranny and we cannot believe that they are willing to do so. Just before Trump’s inauguration took place, a suit was filed against Oracle by the U.S. Department of Labor. It was alleged that they had participated in systemic racism against their employees.

The suit is still ongoing. The theory that this suit is based happens to be a simplistic one and it is hard to see how it would continue if the tyranny was ended. Administrative tyranny might be a common fear but it seems to manifest itself in ways that do not make a great deal of sense.

By convincing the American public that they need to try anything in order to alleviate their economic hardships, this is how these destructive alliances are created. The United States Supreme Court is already known for the invalidation of many legislative veto attempts. This is their chance to take an all important step forward and end the procedural tyranny that is keeping the nation from reaching its full potential.

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