Slides

1. PO 397
Fall 2016

5.  Called “spoils system”
 Jobs given to supporters, friends, and relatives
It was common practice during this
period for a politician to “dole out”
slices of the “government cake”
to those closest to them.
Opposed to a merit-based
system of appointments.

6. Andrew Jackson’s inauguration signaled a departure from this norm.
Over 900 officials were removed from their positions (10% of all government at the time)

8. President
James Garfield
Charles
Guiteau
The Garfield assassination
radically changed how federal
appointments were made.

10.  Provided selection of government employees by merit-based
exams rather than ties to politicians.
 Made it illegal to fire or demote government employees for
strictly political reasons.

12.  Few jobs covered initially (10%)
 PendletonAct gradually expanded by future presidents
 1900: Most federal jobs handled through civil service
 Law did NOT apply to state and local jobs
 Basis for political machines (Tammany Hall and others)

15. SENATOR CARL HATCH (D-NM)  An Act to Prevent Pernicious Political
Activities
 Prohibits Executive Branch employees
from engaging in partisan political activity
 Except POTUS,VPOTUS, high-level officials

16. Did the Democratic Party useWPA employees
during the 1938 midterm Elections?
FDR and Harry Hopkins

18.  Forbids voter intimidation/bribery;
restricts campaign activity
 Officials paid with federal funds
cannot use jobs, promotions, etc.
to coerce campaign support
 Executive Branch employees must
refrain from political practices and
abstain from taking “any active part”
in political campaigns

20.  Amendments extended Hatch Act’s provisions to state/local govt.
employees whose positions paid by federal funding.
 Supreme Court has upheld Hatch Act as constitutional.
 Amending law has caused controversy between executive and
legislative branches.
 Hatch Act Reform Amendments of 1993
 Hatch Act Modernization Act of 2012

23. ARCHIBALD COX LEON JAWORSKI

25.  Created mechanism for appointment of temporary special
prosecutor to investigate wrongdoing against government or
campaign officials.
 Attorney General only remove special prosecutor for
“extraordinary impropriety,” and NOT just for political reasons.

27. ALEXIA MORRISON THEODORE OLSON

28.  Ethics in Government Act was held
to be constitutional.
 Why?
 Independent Counsel could be removed
by Attorney General
 Office performing narrow set of functions
 No authority to actually formulate policy
for the Executive BranchMorrison v. Olson was decided
by the Rehnquist Court.