Response to SDjack (Reply #19)
Fri Nov 9, 2012, 04:53 PM
happyslug (13,024 posts)
36. That is the problem, under Federal law such "Corruption" is illegal
You must understand that Social Security is a STATE PROGRAM, where every state gave the Federal Government the right to operate its State Social Security Program.
Now, Social Security Taxes are FEDERAL, i.e, can be collected even in a State that does NOT make the Federal Government its agent for its Social Security Program.
The reason for the above was they was some question as to the Constitutionality of Social Security at the Federal Level, but no question as to the right of the Federal Government to impose a tax. What Congress did in the 1930s was pass a law that the SS Taxes would be collected, and any person who lives in any state that passed laws compliant with the requirement of the Social Security Act (including making the Federal Government the agents of the State) would get Federal Social Security if they meet those Federal Requirements (Including how much paid in, and age or disability status).
Now, one of the requirement of the Social Security Act was that the States could set up agencies to handle the issue of who was disabled. In simple terms, a FEDERAL Civil Service agent takes a Social Security Application and passes it to said STATE AGENCY, that then approves it or disapproves it (Such State Action is re-viewable by a Federal Administrative Law Judge and the Federal Courts).
The problem for the states was the State Agency had to meet several FEDERAL requirements, including that it be staffed by Civil Servant employees hired through a Civil Service System that meet the requirements of the Federal Government. Notice the state do NOT have to use the Federal Civil Service System, but whatever system they use will be reviewed by the Federal Government to make sure it meets these Federal Requirements.
Notice, the State retains control over its employees, BUT that control must be similar to the Federal Civil Service System, i.e. no political input except at the top end and then NOT over anyone who decides cases.
In simple terms, a person working for such a State Agency can NOT be fired except for "Good Cause" and then only after a hearing. Thus the Governor can NOT fire anyone in a position and fill it with his political hacks. Similar rules I expect to apply to these new "State Agencies" i.e. run by professionals not political hacks.
I suspect that is what the Governor is objecting to, hiring people due to their ability to do the job, not on their political contribution to his election.
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Replies to this discussion thread
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That is the problem, under Federal law such "Corruption" is illegal
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