The case of Webster v Doe Essay Example for Free

The case of Webster v Doe EssayThe case of Webster v Doe deals with a case that command upon the balance between national hostage and the individual rights of an employee. It also rules on the issue of unlawful termination as a result of sexual discrimination. FACTS under(a) the National Security constitute of 1947, the Director of the CIA is empowered to terminate the employment of any employee of the CIA. The law provides that when the Director, in his discretion, perceives that an employee may pose a threat to the security interests of the coupled States he may unilaterally terminate the service of the former. In the case at hand, a former CIA employee was fired after he had openly admitted to another CIA employee that he was a homosexual. This termination was despite the fact that such CIA employee had received excellent and outstanding employee performance ratings. In justifying the termination, the CIA Director stated that the quirk of the former employee was deemed s ufficient threat to the security interests of the United States. The dismissed employee soon filed suit alleging that the termination constituted a violation of the Administrative Procedure Act as well as his Constitutional Right to Property, Liberty and Privacy.The CIA Director, on the other hand, cites that decisions made under the provisions of Section 102 of the NSA grant him such power. ISSUES 1. ) Do the provisions of the APA supersede the provisions of NSA with regard to the termination of employees? 2. ) Is the act of terminating the employment of a government employee based on sexual preferences in violation of the United States Constitution, particularly the First, Fourth, Fifth and Ninth Amendments?HELD The Supreme Court ruled that the NSA law precludes any form of judicial review for acts that are not repugnant to the protective cover of a persons Constitutional Rights. In an effort to uphold the law and the purpose for which it was enacted, Protection of National Secu rity, care must be taken in construing the grant of power that is provided. The CIA Director is granted considerable discretion in terminating the employment of individuals.As far as the laws on procedure are concerned, the CIA Director is allowed, by law, to terminate the services of anyone deemed to be a threat to the security interests without complying with the requisites of the APA law. Matters of procedure, according to the Supreme Court, cannot be taken to more important than matters of human race policy and national security. However, when the acts constitute violations of the Constitution and infringe upon the constitutionally guaranteed rights of individuals, the Constitution must be understood to prevail.