NCJ Number
225486
Journal
FBI Law Enforcement Bulletin Volume: 77 Issue: 12 Dated: December 2008 Pages: 16-24
Date Published
December 2008
Length
9 pages
Annotation
In an attempt to assist law enforcement personnel in understanding legal issues surrounding their political involvement, this article explores the history and rationale behind the Hatch Act (places restrictions on political activity for the entire Federal bureaucracy), as well as to whom it applies and the scope of its reach.
Abstract
The Federalists Papers discussed the fact that unchecked partisanship within the government would endanger the public’s rights. Given that Congress may not unduly make a law abridging freedom of speech, the press, or the right of the people to peaceably assemble, it cannot maintain a bureaucracy that works the same infringement. The Hatch Act was in response to scandals involving misuse of position and coercion of subordinates for partisan gain during a period of great expansion of Federal power and political dominance by one party. The intent of the Hatch Act is to preserve and to protect the rights of government employees, as well as the public’s right to an impartial bureaucracy that does not cool its right to free expression. In 1939, led by the efforts of Senator Carl Hatch, Congress enacted “An Act to Prevent Pernicious Political Activity,” which became known as the Hatch Act. Most Federal employees know that the act applies to them in some way but they may not know how or why. More confused, are the unsuspecting State and local employees who find that the act may apply to them as well. The intent of this article is to provide an historical overview, judicial review, and the coverage and scope of the restriction behind the Hatch Act. 52 notes