Hatch Act Of 1939

The act precluded federal employees from membership in "any political organization which advocates the overthrow of our constitutional form of government." During the Second Red Scare this designation was interpreted to include Communist and Labor organizations.

WHY IT WAS INTRODUCED

The Hatch Act grew out of a general tradition of electoral Reform . In essence, it finally did away with the last vestiges of Patronage , and one could say it was the end of the civil service reforms started in the 1880s . But the most significant impetus, affecting both its timing and its content, was the widespread allegation that Works Progress Administration (WPA) funds had been misused by staff members and local Democratic Party politicians during the congressional elections of 1938 .

Although criticism of WPA workers centered on Kentucky , Tennessee , and Maryland , the political clout of federal dollars nationwide in the midst of the depression was undeniable; even without malfeasance, programs like the WPA attracted votes. Many Republicans , however, were convinced that WPA workers had gone further, intimidating staff members, pressuring clients, and using public funds for political purposes.

The Act was sponsored by Senator Hatch following disclosures that WPA officials were in fact using their positions to win votes for the Democratic Party , just as many had alleged. Hatch, himself a Democrat, saw this as outright corruption which should not be tolerated under any circumstance by either political party, a feeling shared by most of his colleagues in the Senate.

CONTENT

The original Act forbade intimidation or bribery of voters and restricted political campaign activities by federal employees. It prohibited using any public funds designated for relief or public works for electoral purposes. It also forbade officials paid with federal funds from using promises of jobs, promotion, financial assistance, contracts, or any other benefit to coerce campaign contributions or political support.

The most restrictive measure was brought about by Republicans in the Senate. It dictated that persons below the policymaking level in the executive branch of the federal government must not only refrain from political practices that would be illegal for any citizen but must abstain from "any active part" in political campaigns.

An amendment on July 19 , 1940 extended coverage to state and local employees whose salaries included any federal funds. This amendment also set an annual ceiling of $3 million for political parties' campaign expenditures and $5,000 for individual campaign contributions.

HOSTILITY TO THE ACT

The Act was appealed to the Supreme Court in 1947 and 1974 , both times claiming it was a violation of Free Speech , and both times it was upheld.

A proposed amendment, which had the same argument in mind, to permit federal workers' participation in political campaigns passed the House but not the Senate in 1987 ; in 1990 a similar bill passed both houses but was vetoed by President George H. W. Bush , and the veto override failed in the House.

CURRENT USE

The Act is still used heavily. For example, on about July 29 , 2004 , the United States Office Of Special Counsel cited it while ordering NASA to remove photos of Senator John Kerry taken during his visit to the Kennedy Space Center . Evidently, this was because some Photos of Kerry in a Clean Room Body Suit were unflattering.

SEE ALSO

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Hatch Act Of 1939