Hatch Act
The Hatch Act is a United States law aimed at preventing political interference and corruption in federal elections. Enacted in response to concerns regarding the misuse of federal resources for political gain during the late 1930s, it was introduced by Senator Carl A. Hatch after allegations surfaced about voter intimidation and unethical practices by the Democratic Party. The law prohibits federal employees from engaging in certain political activities, such as using federal funds to influence elections or promising job security in exchange for political support. Initially, violations resulted in immediate job loss, but subsequent amendments have adjusted penalties, allowing for lesser disciplinary actions.
Over the years, the Hatch Act has undergone several changes, including significant updates with the Hatch Act Modernization Act of 2012, which clarified its applicability to state and local employees and revised penalties. While the act is credited with reducing political abuses among federal employees, it has also raised discussions about the limitations it places on political expression and participation for those in government positions. Overall, the Hatch Act exemplifies a commitment to maintaining ethical standards in electoral politics through bipartisan support.
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Hatch Act
The Law Federal law restricting the political activities of federal and civil service employees
Also known as Act to Prevent Pernicious Political Activities
Date August 2, 1939
The Hatch Act of 1939 and its subsequent amendments constituted a significant achievement in American political development by eliminating abuses against the general public by civil service workers in political campaigns. The act extended to the state level if the relevant positions were supported with federal funds.
Concerns emerged after the 1938 elections that the Franklin D. Roosevelt presidential administration and the Democratic Party had violated civil service rules by using funds and employees of the Works Progress Administration to intimidate voters and businesses in Kentucky, Tennessee, and Maryland to secure the election of Democrats. In addition, Republicans throughout the United States expressed fear that the impact of New Deal funds was corrupting American politics by way of illegal and unethical involvement in the election process. After the specific accusations were documented, Senator Carl A. Hatch, a Democrat from New Mexico, introduced “An Act to Prevent Pernicious Political Activities,” which became known as the Hatch Act. This act forbade the intimidation of voters and bribery, the use of federal funds to affect elections, and the promise of jobs or job security to gain support in an election. It severely restricted political activities by federal workers who were not involved in policy decisions—that is, almost all federal employees. Initially, the penalty was immediate loss of employment; later, it was amended to a thirty-day suspension. While the Hatch Act succeeded in eliminating most abuse, it created an environment in which federal employees were restricted from the full practice of a fundamental civil liberty—the freedom of political expression. During the ensuing decades, the Hatch Act was amended several times and altered as a result of court decisions.
In 2012, the Hatch Act Modernization Act was signed by President Barack Obama. The act updated the penalties allowed under the Hatch Act to include disciplinary actions in addition to firing for federal employees; explicitly explained that various provisions of the Hatch Act are applicable in the same way to both state and local governments and the District of Columbia; and stated that only state and local employees whose salaries were paid completely by Federal loans or grants were prohibited from being candidates for partisan elective office.
Impact
The Hatch Act and its amendments serve as an exemplary model of bipartisanship on behalf of the common good and ethical electoral politics. It has succeeded in eliminating the abuse of the vast majority of civil service employees in federal elections by manipulative political party leaders.
Bibliography
Eccles, James R. The Hatch Act and American Bureaucracy. New York: Vantage Press, 1981.
"Hatch Act Modernization Act of 2012." Congress, 28 Dec. 2012, www.congress.gov/bill/112th-congress/senate-bill/2170. Accessed 19 July 2019.
Rosenbloom, David H. Federal Service and the Constitution. Ithaca, N.Y.: Cornell University Press, 1971.
Smith, Jason Scott. Building New Deal Liberalism: The Political Economy of Public Works, 1933-1956. New York: Cambridge University Press, 2006.
Watkins, Eli, and Devan Cole. "What Is the Hatch Act?" CNN, 14 June 2019, www.cnn.com/2018/03/06/politics/what-is-the-hatch-act/index.html. Accessed 19 July 2019.