DOCSLIB.ORG

Hatch Act: Options for Reform

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Hatch Act: Options for Reform HATCH ACT: OPTIONS FOR REFORM HEARING BEFORE THE SUBCOMMITTEE ON FEDERAL WORKFORCE, U.S. POSTAL SERVICE AND LABOR POLICY OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS SECOND SESSION MAY 16, 2012 Serial No. 112–155 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 75–112 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 15:36 Jul 26, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCS\75112.TXT APRIL COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman DAN BURTON, Indiana ELIJAH E. CUMMINGS, Maryland, Ranking JOHN L. MICA, Florida Minority Member TODD RUSSELL PLATTS, Pennsylvania EDOLPHUS TOWNS, New York MICHAEL R. TURNER, Ohio CAROLYN B. MALONEY, New York PATRICK T. MCHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah DENNIS J. KUCINICH, Ohio CONNIE MACK, Florida JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee ANN MARIE BUERKLE, New York GERALD E. CONNOLLY, Virginia PAUL A. GOSAR, Arizona MIKE QUIGLEY, Illinois RAU´ L R. LABRADOR, Idaho DANNY K. DAVIS, Illinois PATRICK MEEHAN, Pennsylvania BRUCE L. BRALEY, Iowa SCOTT DESJARLAIS, Tennessee PETER WELCH, Vermont JOE WALSH, Illinois JOHN A. YARMUTH, Kentucky TREY GOWDY, South Carolina CHRISTOPHER S. MURPHY, Connecticut DENNIS A. ROSS, Florida JACKIE SPEIER, California FRANK C. GUINTA, New Hampshire BLAKE FARENTHOLD, Texas MIKE KELLY, Pennsylvania LAWRENCE J. BRADY, Staff Director JOHN D. CUADERES, Deputy Staff Director ROBERT BORDEN, General Counsel LINDA A. GOOD, Chief Clerk DAVID RAPALLO, Minority Staff Director SUBCOMMITTEE ON FEDERAL WORKFORCE, U.S. POSTAL SERVICE AND LABOR POLICY DENNIS A. ROSS, Florida, Chairman JUSTIN AMASH, Michigan, Vice Chairman STEPHEN F. LYNCH, Massachusetts, JIM JORDAN, Ohio Ranking Minority Member JASON CHAFFETZ, Utah ELEANOR HOLMES NORTON, District of CONNIE MACK, Florida Columbia TIM WALBERG, Michigan GERALD E. CONNOLLY, Virginia TREY GOWDY, South Carolina DANNY K. DAVIS, Illinois (II) VerDate Aug 31 2005 15:36 Jul 26, 2012 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 C:\DOCS\75112.TXT APRIL C O N T E N T S Page Hearing held on May 16, 2012 ............................................................................... 1 WITNESSES The Honorable Carolyn N. Lerner, Special Counsel, U.S. Office of Special Counsel Oral Statement ................................................................................................. 6 Written Statement ............................................................................................ 9 The Honorable Irvin B. Nathan, Attorney General, District of Columbia Oral Statement ................................................................................................. 16 Written Statement ............................................................................................ 18 The Honorable Jon J. Greiner, Former Utah State Senator Oral Statement ................................................................................................. 25 Written Statement ............................................................................................ 27 Mr. Scott A. Coffina, Partner, Drinker Biddle & Reath LLP Oral Statement ................................................................................................. 30 Written Statement ............................................................................................ 33 Mr. Jon Adler, National President, Federal Law Enforcement Officers Asso- ciation Oral Statement ................................................................................................. 41 Written Statement ............................................................................................ 42 APPENDIX The Honorable Dennis Ross, a Member of Congress from the State of Florida, written statement ................................................................................................. 57 Testimony for the record submitted by The Federal Managers Association ...... 58 The National Law Journal: Amending the Hatch Act by Scott A. Coffina ......... 60 Letter from The National Sheriffs’ Office .............................................................. 63 (III) VerDate Aug 31 2005 15:36 Jul 26, 2012 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 C:\DOCS\75112.TXT APRIL VerDate Aug 31 2005 15:36 Jul 26, 2012 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 C:\DOCS\75112.TXT APRIL HATCH ACT: OPTIONS FOR REFORM Wednesday, May 16, 2012, HOUSE OF REPRESENTATIVES, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, SUBCOMMITTEE ON FEDERAL WORKFORCE, U.S. POSTAL SERVICE AND LABOR POLICY, Washington, D.C. The subcommittee met, pursuant to notice, at 9:30 a.m. in room 2247, Rayburn House Office Building, the Honorable Dennis Ross [chairman of the subcommittee], presiding. Present: Representatives Ross, Chaffetz, Cummings, Norton, Lynch, Connolly, Gowdy and Davis. Staff Present: Ali Ahmad, Majority Communications Advisor; Adam P. Fromm, Majority Director of Member Services and Com- mittee Operations; Jennifer Hemingway; Majority Senior Profes- sional Staff Member; Ashok M. Pinto; Majority Deputy Chief Coun- sel, Investigations; James Robertson, Majority Professional Staff Member; Cheyenne Steel, Majority Press Assistant; Peter Warren, Majority Legislative Policy Director; John A. Zadrozny, Majority Counsel; Krista Boyd, Minority Deputy Director of Legislation/ Counsel; Ashley Etienne, Minority Director of Communications; Su- sanne Sachsman Grooms, Minority Chief Counsel; Devon Hill, Mi- nority Staff Assistant; William Miles, Minority Professional Staff Member; Dave Rapallo, Minority Staff Director; and Safiya Sim- mons, Minority Press Secretary. Mr. ROSS. Good morning. I will now call the Subcommittee on Federal Workforce, U.S. Postal Service and Labor Policy to order. Today’s hearing is on the ‘‘Hatch Act: Options for Reform.’’ As we do in all our Oversight subcommittee and full committee hearings, I will state the Oversight Committee Mission Statement. We exist to secure two fundamental principles. First, Americans have the right to know that the money Washington takes from them is well spent. Second, Americans deserve an efficient and ef- fective government that works for them. Our duty on the Oversight and Government Reform Committee is to protect these rights. Our solemn responsibility is to hold gov- ernment accountable to taxpayers because taxpayers have a right to know what they are getting from the government. We will work tirelessly in partnership with citizen watchdogs to deliver the facts to the American people and bring genuine reform to the Federal bureaucracy. This is the mission of the Oversight and Government Reform Committee. I will now recognize myself for an opening statement. (1) VerDate Aug 31 2005 15:36 Jul 26, 2012 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 C:\DOCS\75112.TXT APRIL 2 During my brief tenure as a member of Congress, I have seen how well intentioned legislation can have unintended consequences when applied to the real world. This is certainly true with respect to the Hatch Act. Originally enacted in 1939, the Hatch Act was needed to prevent an all too prevalent practice of Federal employ- ees engaging in partisan, political activity using Federal resources. The Hatch Act was last amended in 1993, a year in which em- ployees were becoming accustomed to email for workplace commu- nication and using other forms of electronic communication to share information with their colleagues. Technology’s advance is only speeding up and the Hatch Act is in need of update. Today’s hearing builds on the committee’s June 2011 hearing at which a bipartisan panel expressed support for making major changes in the Hatch Act statute. Furthermore, several bills have been introduced to repeal the Hatch Act’s overreaching and arbi- trary restrictions on State and local government workers who seek to run for office. In short, there is a growing consensus that we should enact com- prehensive Hatch Act reform. The Federal Government should not be in the business of making personnel policy for State and local government employees and the Office of Special Counsel should not be dedicating as much of its resources as it now does in pursuing complaints concerning State and local elections. Rather, the Office of Special Counsel should be focused on crack- ing down on Federal workers who abuse the public trust and on protecting those Federal workers who are unfairly targeted by their managers for blowing the whistle on waste, fraud and abuse. In- stead, we should craft legislation that preserves the intent of the Hatch Act and reflects the realities of today’s workplace. Com- prehensive reform should, for example, adopt a definition of Fed- eral workplace that accounts for how Federal employees commu- nicate today, which is oftentimes out of the office, on the go, with personal electronic devices. I think we can all agree that our Nation’s public servants should be prohibited from engaging in partisan, political
Load more

Recommended publications
  • FISCAL YEAR 2021 CONGRESSIONAL BUDGET JUSTIFICATION —And— PERFORMANCE BUDGET GOALS
    FISCAL YEAR 2021 CONGRESSIONAL BUDGET JUSTIFICATION —and— PERFORMANCE BUDGET GOALS U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street, N.W., Suite 218 Washington, D.C. 20036-4505 www.osc.gov TABLE OF CONTENTS PART 1 – EXECUTIVE SUMMARY 3 Summary of Request 5 Appropriations Language 8 About the Office of Special Counsel 8 OSC’s Docket 8 Strategic Goals 11 OSC’s Efficiencies and Successes 11 OSC’s Internal Organization 13 Components of Budget Request 15 Budget by Program 16 PART 2 – FY 2021 BUDGET REQUEST – ADDITIONAL INFORMATION 17 FY 2021 Budget Request by Budget Object Class 17 Analysis of Resources Table 19 PART 3 – BUDGET PROGRAMS AND PERFORMANCE PLAN 20 FY 2019 Case Activity and Results – All Programs 20 Investigation and Prosecution of Prohibited Personnel Practices 21 USERRA 27 Alternative Dispute Resolution 30 Whistleblower Disclosure Program 32 Hatch Act 36 OSC’s Diversity, Outreach and Training Program 40 PART 4 – ENHANCEMENT OF OPERATIONS 42 Strategic Management of Human Capital 42 Improved Financial Performance 42 Competitive Sourcing 43 Maximizing Efficiencies through use of Shared Service Providers 43 IT Modernization Initiatives 44 IT Goals for FY 2020 – FY 2021 45 Improving Employee Satisfaction and Wellness 45 Telework Initiative 45 Continuity of Operations 46 Risk Management and Program Evaluation 46 APPENDICES 47 Appendix A: Statutory Background 47 Appendix B: Strategic Plan – FY 2017 to FY 2022 49 Appendix C: Goal Tables for New Strategic Plan 63 Appendix D: OSC Organizational Chart 77 U.S. Office of Special Counsel FY 2021 Congressional Budget Justification Page 2 PART 1 – EXECUTIVE SUMMARY The Office of Special Counsel (OSC) acts as the premier channel for whistleblowers and federal workers seeking redress for violations of their civil service protections, as well as safeguards the nonpartisan ethos at the core of the federal workforce.
    [Show full text]
  • ANNUAL REPORT to CONGRESS —For— FISCAL YEAR 2018
    ANNUAL REPORT TO CONGRESS —for— FISCAL YEAR 2018 U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street, N.W., Suite 218 Washington, D.C. 20036-4505 www.osc.gov U.S. OFFICE OF SPECIAL COUNSEL 1730 M Street, N.W., Suite 300 Washington, D.C. 20036-4505 The Special Counsel The Honorable Michael R. Pence President of the Senate Washington, D.C. 20510 The Honorable Nancy P. Pelosi Speaker of the House of Representatives Washington, D.C. 20515 Dear Mr. President and Madame Speaker: I respectfully submit the Report to Congress for fiscal year 2018 from the U.S. Office of Special Counsel. A copy of this report will also be posted on our website. Sincerely, Henry J. Kerner TABLE OF CONTENTS The Special Counsel 5 A Message from the Special Counsel 6 Part 1: Introduction to OSC 8 Statutory Background 8 Mission 9 Part 2: Overview of Operations 10 Internal Organization 10 FY 2018 Budget and Staffing 12 FY 2018 Case Activity and Results 12 Part 3: Prohibited Personnel Practice Complaints 14 Summary of Workload, Activity, and Results 14 Receipts and Investigations 14 Performance Highlights 16 Amicus Curiae Briefs 17 Cases resolved by an Agreement 18 Prohibited Personnel Practice Successes 19 Part 4: Whistleblower Disclosures 26 Overview 26 Disclosure Successes 26 Part 5: Hatch Act 32 Overview 32 Advisory Opinions 32 Hatch Act Unit Successes 32 Part 6: USERRA Enforcement Program 35 Overview 35 USERRA Successes 35 Part 7: Diversity, Outreach & Training 37 Diversity, Outreach and Training Program 37 Annual Survey Program 38 Further Information 39 Prohibited Personnel
    [Show full text]
  • 2016 Dod Political Activity Public
    UNCLASSIFIED/FOR OFFICIAL USE ONLY Subject: 2016 DoD Public Affairs Guidance for Political Campaigns and Elections 1. References. a. DoDI 5405.3, Development of Proposed Public Affairs Guidance (PPAG) b. 2012 DoD Public Affairs Guidance for Political Campaigns and Elections c. DoDD 1344.10, Political Activities by Members of the Armed Forces d. 5 U.S.C, Sec. 7321-7326, The Hatch Act of 1939, as amended in 1993 e. 5 C.F.R. Parts 733-734, Political Activities of Federal Employees f. DoDD 5230.09, Clearance of DoD Information for Public Release g. DoDI 5120.4, DoD Newspapers, Magazines and Civilian Enterprise Publications h. DoDI 1100.13, Surveys of DoD Personnel i. DoDI 5120.20, American Forces Radio and Television Service (AFRTS) j. DoDR 5120.20-R, Management and Operation of AFRTS k. DoDI 1334.1, Wearing of the Uniform l. AFI 36-2903, Dress and Personal Appearance of Air Force Personnel m. AR 670-1, Wear And Appearance of Army Uniforms And Insignia n. NAVPERS 15665I, United States Navy Uniform Regulations o. MCO P1020.34G, Marine Corps Uniform Regulations p. DoDD 5410.18, Public Affairs Community Relations Policy q. DoDI 5410.19, Public Affairs Community Relations Policy Implementation r. DoDI 1000.04, Federal Voting Assistance Program (FVAP) s. 2016-2017 Voting Assistance Guide t. U.S Office of Special Counsel, Frequently Asked Questions Regarding Social Media and the Hatch Act, dated April 4, 2012 (supersedes social media advisory, dated August 10, 2010) u. Internal Revenue Code v. 18 U.S.C. 609, Use of military authority to influence vote of member of Armed Forces 2.
    [Show full text]
  • UC Santa Cruz UC Santa Cruz Electronic Theses and Dissertations
    UC Santa Cruz UC Santa Cruz Electronic Theses and Dissertations Title Voice v. Vote: The Supreme Court's Paradox of Political Participation in American Liberalism Permalink https://escholarship.org/uc/item/0gn799zf Author Snickars, Eric Stephen Publication Date 2015 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA SANTA CRUZ VOICE V. VOTE: THE SUPREME COURT'S PARADOX OF POLITICAL PARTICIPATION IN AMERICAN LIBERALISM A dissertation submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in POLITICS by Eric Stephen Snickars September 2015 The dissertation of Eric Stephen Snickars is approved: __________________________________ Professor Daniel Wirls, chair __________________________________ Professor Eva C. Bertram __________________________________ Professor Mark Fathi Massoud ____________________________ Tyrus Miller Vice Provost and Dean of Graduate Studies Copyright © by Eric Stephen Snickars 2015 TABLE OF CONTENTS CHAPTER ONE – Liberalism, The Supreme Court, And The Paradox Of Political Participation In U.S. Election Law ..............................................................1 CHAPTER TWO – Liberty vs. Equality On The Supreme Court: The Conundrum Of Election Law Jurisprudence ..........................................................30 CHAPTER THREE – From Good Governance To Corporate Expression: The Road To Citizens United v. FEC ................................................................................69
    [Show full text]
  • The Right to Vote Gillette, William
    The Right to Vote Gillette, William Published by Johns Hopkins University Press Gillette, William. The Right to Vote: Politics and the Passage of the Fifteenth Amendment. Johns Hopkins University Press, 1965. Project MUSE. doi:10.1353/book.67838. https://muse.jhu.edu/. For additional information about this book https://muse.jhu.edu/book/67838 [ Access provided at 2 Oct 2021 07:45 GMT with no institutional affiliation ] This work is licensed under a Creative Commons Attribution 4.0 International License. HOPKINS OPEN PUBLISHING ENCORE EDITIONS William Gillette The Right to Vote Politics and the Passage of the Fifteenth Amendment Open access edition supported by the National Endowment for the Humanities / Andrew W. Mellon Foundation Humanities Open Book Program. © 2019 Johns Hopkins University Press Published 2019 Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu The text of this book is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License: https://creativecommons.org/licenses/by-nc-nd/4.0/. CC BY-NC-ND ISBN-13: 978-1-4214-3235-9 (open access) ISBN-10: 1-4214-3235-8 (open access) ISBN-13: 978-1-4214-3234-2 (pbk. : alk. paper) ISBN-10: 1-4214-3234-X (pbk. : alk. paper) ISBN-13: 978-1-4214-3236-6 (electronic) ISBN-10: 1-4214-3236-6 (electronic) This page supersedes the copyright page included in the original publication of this work. THE RIGHT TO VOTE: POLITICS AND THE PASSAGE OF THE FIFTEENTH AMENDMENT One of a number of lithographs printed to commemorate the passage of the Fifteenth Amendment and reprinted here by courtesy of the Library of Congress.
    [Show full text]
  • Separation of Campaign and State
    Separation of Campaign and State Bradley A. Smith* ABSTRACT In a pair of recent decisions, Davis v. FEC and Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, the Supreme Court has struck down on First Amendment grounds laws that would have arguably created more, not less speech. The federal statute at issue in Davis actually raised contribu- tion limits for certain candidates being outspent from the personal resources of wealthy opponents; the state law in Arizona Free Enterprise Club provided for state subsidies to candidates being outspent by their opponents and inde- pendent spenders. The Court’s opinions in these cases, taken on their own terms, are unsat- isfying. The Court correctly recognizes the deeply troubling nature of the gov- ernment policies at issue in Davis and Arizona Free Enterprise Club, which involved the government in favoring certain candidates over others, but it has not successfully articulated why those policies are offensive to the First Amendment, given that each law provides more resources for a candidate to speak. This Article argues that the Court’s opinions show only an inchoate rec- ognition of the core problem. Government involvement in regulating and es- pecially in subsidizing candidate speech inherently entangles government in campaigns in a manner incompatible with core American assumptions about democracy, in much the same way that direct subsidies to churches violate the First Amendment’s religion clauses even if made available to all religions. The Roberts Court, however, is trapped by its refusal to challenge prece- dents allowing government subsidies of campaigns and wrongly confusing the government’s authority to regulate the “time, place and manner” of elections under Article I, Section 4 of the Constitution as the authority to regulate politi- cal speech and campaigns.
    [Show full text]
  • NSA-FOIACASELOG-2016.Pdf
    This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE FORT GEORGE G. MEADE, MARYLAND 20755-6000 FOIA Case: 100503A 4 April 2017 JOHN GREENEWALD Dear Mr. Greenewald: This responds to your Freedom of Information Act (FOIA) request dated 1 January 2017 which was received by this office on 2 January 2017, for "a copy of the FOIA case log for calendar year 2016." For purposes of this request and based on the information you provided in your letter, you are considered an "all other" requester. As such, you are allowed 2 hours of search and the duplication of 100 pages at no cost. Since processing fees were minimal, no fees were assessed. Your request has been processed under the FOIA, and the logs for calendar year 2016 are enclosed, along with a FOIA Case Dispositions reference sheet that explains the final case dispositions. Please be advised that the logs do not contain the number of pages released. They contain a final disposition if the case was closed at the time the logs were created. If there is no final disposition, the case was still pending at the time the logs were created. Certain information has been deleted from the enclosures.
    [Show full text]
  • The Impact of Anti-Communism on the Development of Marxist Historical Analysis Within the Historical Profession of the United States, 1940-1960
    BUILDING THE ABSENT ARGUMENT: THE IMPACT OF ANTI-COMMUNISM ON THE DEVELOPMENT OF MARXIST HISTORICAL ANALYSIS WITHIN THE HISTORICAL PROFESSION OF THE UNITED STATES, 1940-1960 Gary Cirelli A Thesis Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS May 2010 Committee: Dr. Douglas J. Forsyth, Advisor Dr. Don K. Rowney Dr. Timothy Messer-Kruse © 2010 Gary Cirelli All Rights Reserved iii ABSTRACT Dr. Douglas Forsyth, Advisor This study poses the question as to why Marxism never developed in the United States as a method of historical analysis until the mid-1960s. In this regard, the only publication attempting to fully address this question was Ian Tyrrell’s book The Absent Marx: Class Analysis and Liberal History in Twentieth-Century America, in which he argued that the lack of Marxist historical analysis is only understood after one examines the internal development of the profession. This internalist argument is incomplete, however, because it downplays the important impact external factors could have had on the development of Marxism within the profession. Keeping this in mind, the purpose of this study is to construct a new argument that takes into account both the internal and external pressures faced by historians practicing Marxism preceding the 1960s. With Tyrrell as a launching pad, it first uses extensive secondary source material in order to construct a framework that takes into account the political and social climate prior to 1960. Highlighting the fact that Marxism was synonymous with Communism in the minds of many, it then examines the ways in which the government tried to suppress Communism and the impact this had on the academy.
    [Show full text]
  • Study Guide with Readings American Government BRIEF VERSION SEVENTH EDITION
    Study Guide with Readings American Government BRIEF VERSION SEVENTH EDITION James Q. Wilson Kyle Smith Western Texas College HOUGHTON MIFFLIN COMPANY BOSTON NEW YORK Sponsoring Editor: Katherine Meisenheimer Editorial Assistant: Kristen Craib Manufacturing Coordinator: Marketing Manager: Nicola Poser Editor in Chief: Charles Hartford Copyright © 2005 by Houghton Mifflin Company. All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system without the prior written permission of Houghton Mifflin Company unless such copying is expressly permitted by federal copyright law. Address inquiries to College Permissions, Houghton Mifflin Company, 222 Berkeley Street, Boston, MA 02116-3764. Printed in the U.S.A. CONTENTS TO THE STUDENT ................................................................................................................................... V CHAPTER 1 - WHAT SHOULD WE KNOW ABOUT AMERICAN GOVERNMENT?................................... 1 CHAPTER 2 - THE CONSTITUTION..................................................................................................... 11 CHAPTER 3 - CIVIL LIBERTIES AND CIVIL RIGHTS ........................................................................... 31 PART ONE/CLASSIC STATEMENT................................................................................................ 53 CHAPTER 4 - FEDERALISM...............................................................................................................
    [Show full text]
  • Senator Carl Hatch and the Hatch Act of 1939
    New Mexico Historical Review Volume 48 Number 2 Article 4 4-1-1973 Senator Carl Hatch and the Hatch Act of 1939 David Porter Follow this and additional works at: https://digitalrepository.unm.edu/nmhr Recommended Citation Porter, David. "Senator Carl Hatch and the Hatch Act of 1939." New Mexico Historical Review 48, 2 (2021). https://digitalrepository.unm.edu/nmhr/vol48/iss2/4 This Article is brought to you for free and open access by UNM Digital Repository. It has been accepted for inclusion in New Mexico Historical Review by an authorized editor of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. 151 SENATOR CARL HATCH AND THE HATCH ACT OF1939 DAVID PORTER THE HATCH ACT of 1939, which regulated the political ac­ tivities of Federal officials, has evoked considerable comment and controversy. Thirty-three years later, in fact, a Federal Court questioned the constitutionality of the measure. Surprisingly, historians have not devoted entire works Of many chapters to the original Hatch Act/ They have viewed the Act as a political struggle between Conservatives and President Roosevelt, but have devoted relatively little attention· to the sponsor of the proposal. 2 Reform Democratic Senator Carl Hatch of New Mexico played a paramount role in promoting and securing approval of one of the first legislative efforts to control modem government bureaucracy. Hatch carne from a moderate socia-economic background. The son of a country hardware merchant, Hatch was born in Kirwin, Kansas, in November 1889, and attended public schools there and in Eldorado, Oklahoma.
    [Show full text]
  • The Hatch Act Modernization Act: Putting the Government Back in Politics, 42 Fordham Urb
    Fordham Urban Law Journal Volume 42 Number 3 Colloquium - Financing and Fairness: Article 6 Implementation and Equity in the Urban Charter School April 2016 The aH tch Act Modernization Act: Putting the Government Back in Politics Shannon D. Azzaro Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Election Law Commons, Law and Politics Commons, and the Legislation Commons Recommended Citation Shannon D. Azzaro, The Hatch Act Modernization Act: Putting the Government Back in Politics, 42 Fordham Urb. L.J. 781 (2015). Available at: https://ir.lawnet.fordham.edu/ulj/vol42/iss3/6 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE HATCH ACT MODERNIZATION ACT: PUTTING THE GOVERNMENT BACK IN POLITICS Shannon D. Azzaro* Introduction ............................................................................................. 782 I. Federal Regulation of the Political Activities of Government Employees ......................................................................................... 787 A. The Pendleton Act of 1883 .................................................. 788 B. The Hatch Act’s Prohibitions and Procedures .................. 790 1. Effects on Federal Employees ......................................
    [Show full text]
  • HOUSE of REPRESENTATIVES-Monday, April 17, 1989
    6760 CONGRESSIONAL RECORD-HOUSE April 17, 1989 HOUSE OF REPRESENTATIVES-Monday, April 17, 1989 The House met at 12 noon and was H.R. 1750. An act to implement the bipar- Mr. Speaker, let us be fair, not parti- called to order by the Speaker pro tisan accord on Central America of March san, mean spirited, or hysterical. tempore [Mr. FOLEY]. 24, 1989. COMMUNICATION FROM THE INTRODUCTION OF RESOLUTION DESIGNATION OF SPEAKER PRO CLERK OF THE HOUSE TO ALLOW A NATIONAL PLEBI­ TEMPORE SCITE IN CUBA The SPEAKER pro tempore laid The SPEAKER pro tempore laid <Mr. DOUGLAS asked and was given before the House the following com- before the House the following com­ permission to address the House for 1 munication from the Speaker: munication from the Clerk of the House of Representatives: minute and to revise and extend his WASHINGTON, DC, WASHINGTON, DC, remarks.) April 17, 1989. April 14, 1989. Mr. DOUGLAS. Mr. Speaker, in Jan­ I hereby designate the Honorable THOMAS Hon. JIM WRIGHT, uary, Cuban dictator Fidel Castro S. FOLEY to act as Speaker pro tempore on marked his 30th year in power. At no today. The Speaker, House of Representatives, Washington, DC. time have the Cuban people ever been JIM WRIGHT, DEAR MR. SPEAKER: Pursuant to the per­ Speaker of the House of Representatives. allowed to express their will through a mission granted in clause 5 of rule III of the free and open vote. With the recent Rules of the U.S. House of Representatives, overthrow of General Stroessner of the Clerk received at 9:54 a.m.
    [Show full text]