FACTOID # 18: Alaska spends more money per capita on elementary and secondary education than any other state.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Hatch Act of 1939

The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. Named after Senator Carl Hatch of New Mexico, the law was officially known as An Act to Prevent Pernicious Political Activities. Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... A civil servant or public servant is a civilian career public_sector employee working for a government department or agency. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... credited to the United States Senate Historical Office Carl Atwood Hatch (November 27, 1889 - September 15, 1963) was a Democratic Party politician from New Mexico who represented the Land of Enchantment in the United States Senate from 1933 until 1949. ...


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. Some factual claims in this article need to be verified. ... This article is about communism as a form of society and as a political movement. ...

Contents

Background

The Hatch Act grew into 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. This article or section does not cite its references or sources. ... Generally, patronage is the act of a so-called patron who supports or favors some individual, family, group or institution. ... // Development and commercial production of electric lighting Development and commercial production of gasoline-powered automobile by Karl Benz, Gottlieb Daimler and Maybach First commercial production and sales of phonographs and phonograph recordings. ... WPA Graphic The Works Progress Administration (later Work Projects Administration, abbreviated WPA), was created in May 1935 by Presidential order (Congress funded it annually but did not set it up). ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ...


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. Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ... Official language(s) English Capital Nashville Largest city Memphis Largest metro area Nashville Area  Ranked 36th  - Total 42,169 sq mi (109,247 km²)  - Width 120 miles (195 km)  - Length 440 miles (710 km)  - % water 2. ... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Area  Ranked 42nd  - Total 12,417 sq mi (32,160 km²)  - Width 90 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37°53N to 39°43N  - Longitude 75°4W to 79°33... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ...


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. The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ...


Content

The original Act forbids intimidation or bribery of voters and restricted political campaign activities by federal employees. It prohibits using any public funds designated for relief or public works for electoral purposes. It also forbids 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 dictates 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 include 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. July 19 is the 200th day (201st in leap years) of the year in the Gregorian Calendar, with 165 days remaining. ... 1940 (MCMXL) was a leap year starting on Monday (the link is to a full 1940 calendar). ...


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. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ...


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. 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... MCMXC redirects here; for the Enigma album, see MCMXC a. ... George Herbert Walker Bush (born June 12, 1924) was the 41st President of the United States, serving from 1989 to 1993. ...


Nonetheless, Section 7324 of The Hatch Act provides an exemption to the ban on political activities to:


(i) an employee paid from an appropriation for the Executive Office of the President; or


(ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in the nationwide administration of Federal laws.


Current use

The Act is still used heavily. For example, on about July 29, 2004, the United States Office of Special Counsel (OSC) cited it while ordering NASA to remove photos of Senator John Kerry taken during his visit to the Kennedy Space Center. The OSC later gave a press release stating that Kerry's visit did not violate the act. http://www.osc.gov/documents/press/2007/pr07_04.htm July 29 is the 210th day (211th in leap years) of the year in the Gregorian Calendar, with 155 days remaining. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The United States Office of Special Counsel (OSC) is a permanent independent federal investigative and prosecutorial agency whose basic legislative authority come from three federal statutes, the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act. ... The NASA worm logo. ... Al Gore (born December 11, 1943) is a Vietnam Veteran and the junior United States Senator from Massachusetts. ... Merritt Island and Kennedy Space Center The John F. Kennedy Space Center (KSC) is the NASA space vehicle launch facility (spaceport) at Cape Canaveral on Merritt Island in Florida, United States. ...


In 1993 Congress amended the Hatch Act to allow Federal employees to take an active part in political campaigns for Federal offices. While there are still some restrictions on what Federal employees can do, there is now greater latitude given to their participation. Thanks to changes in the Hatch Act, active Federal employees have been able to participate in campaigns for President, Senate, and House of Representatives.


(Retirees, spouses, and family members are not bound by the Hatch Act.)


Hatch Act DOs and DON'Ts

Below are the primary guidelines that active Federal employees need to follow when working or volunteering on a political campaign for federal office. Remember, though, that just because the Hatch Act doesn't say "NO," that doesn't mean it's legal.


Active Federal employees may:

  • Be a candidate in a political election in which no candidates represent a political party
  • Register and vote as they choose
  • Assist in Voter Registration Drives
  • Express opinions about candidates and issues
  • Attend fundraisers and contribute money to political organizations and campaigns
  • Volunteer on a campaign
  • Recruit volunteers for a political campaign
  • Participate in activities such as phone banking and precinct walking
  • Display bumper stickers, lawn signs, and other campaign paraphernalia
  • Raise money for their union's political action committee from other union members
  • Run for nonpartisan offices (that is, parties are not listed on the ballot)
  • Volunteer, run for, and hold an office in a local or state political party

Active Federal employees may not:

  • Be a candidate in a political election in which any candidate represents a political party
  • Raise money for a partisan political campaign
  • Allow their names to be used in any fundraising appeal on behalf of a partisan political campaign
  • Participate in a phone bank that is engaged in fundraising for a partisan campaign
  • Raise money for their union's political action committee from persons other than their fellow union members

Extension to state and local workers

The Hatch Act also applies by extension to certain employees of state and local governments whose positions are primarily paid for by federal funds. It has been interpreted, for instance, to bar employees of state agencies administering federal unemployment insurance programs from political activity.


See also


  Results from FactBites:
 
Hatch Act for Federal Employees (1312 words)
The Hatch Act restricts the political activity of executive branch employees of the federal government, District of Columbia government and some state and local employees who work in connection with federally funded programs.
In 1993, Congress passed legislation that significantly amended the Hatch Act as it applies to federal and D.C. employees (5 U.S.C. (These amendments did not change the provisions that apply to state and local employees.
An employee who violates the Hatch Act shall be removed from their position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual.
Hatch Act of 1939 - Wikipedia, the free encyclopedia (927 words)
The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity.
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.
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.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m