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Topic: Hatch Act of 1939


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In the News (Sun 15 Nov 09)

  
  Hatch Act for Federal Employees
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.
www.osc.gov /ha_fed.htm   (1312 words)

  
  Hatch Act of 1939 - Wikipedia, the free encyclopedia
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.
en.wikipedia.org /wiki/Hatch_Act_of_1939   (927 words)

  
 Hatch Act - Wikipedia, the free encyclopedia
The name Hatch Act is given to two unrelated pieces of United States federal legislation
The Hatch Act of 1887 created agricultural experiment stations.
The Hatch Act of 1939 aimed at corrupt political practices, prevented federal civil servants from campaigning.
en.wikipedia.org /wiki/Hatch_Act   (109 words)

  
 Hatch Back -- Recommendations and Resources   (Site not responding. Last check: )
Until 2004, Hatch chaired the U.S. Senate Committee on the Judiciary and is the 2nd ranking Republican on the U.S. Senate Committee on Finance, where he serves on the U.S. Subcommittee on International Trade, the U.S. Subcommittee on Taxation and IRS Oversight, and the U.S. Subcommittee on Health Care.
Hatch was born to Jesse Hatch in Pittsburgh, Pennsylvania.
Hatch caused an overnight controversy June 17, 2003 by proposing that copyright owners should be able to destroy the computer equipment and information of those suspected of copyright infringement, including file sharing.
www.becomingapediatrician.com /health/67/hatch-back.html   (1124 words)

  
 Don't Bury the Hatch Act September October Prosecutor 2004   (Site not responding. Last check: )
Penalties for violating the Hatch Act include the removal of the employee or forfeiture of federal grants and loans in the amount of two years of the offending employees’ salary—a high cost in an era of severe government budget constraints.
The Hatch Act applies to all executive branch state and local employees who, as a normal and foreseeable incident of their principal positions or jobs, perform duties in connection with an activity financed in whole or in part by federal loans or grants.
OSC is authorized by statute and federal regulations to issue advisory opinions on whether the Hatch Act applies at all to a given employee, the extent of the restrictions at issue, and interpretation of regulations.
ndaa-apri.org /publications/ndaa/dont_bury_hatch_act_sept_oct_2004.html   (2300 words)

  
 CRS/LII Annotated Constitution Article II
By an act passed in 1876, it prohibited “all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Senate,.
A “little Hatch Act” of a State, applying to its employees, was sustained in Broadrick v.
The Act was originally codified in three different titles, 2, 5, and 28, corresponding to legislative, executive, and judicial branch personnel, but by P. 101–194, title II, 103 Stat.
www.law.cornell.edu /anncon/html/art2frag26_user.html   (830 words)

  
 YourArt.com >> Encyclopedia >> hatch   (Site not responding. Last check: )
A hatch (door) is a door in a floor or ceiling.
Many buildings with flat roofs have hatches that provide access to the roof.
Many buildings with flat roofs have hatches that provide access to the roof; on ships, hatches provide access to the deck.
www.yourart.com /research/encyclopedia.cgi?subject=/hatch   (867 words)

  
 The Conservative Monitor - Commentary on the Hatch Act
The Hatch Act is excluding a whole class of people from elected office.
Commonly referred to as the Hatch Act of 1939, this law regulates which State or local government employees may run for partisan political office.
At that hearing the MSPB will determine if there was a violation of the act, determine whether the violation warrants the removal of the officer or employee from the office or employment, and will notify the individual and the agency of its decision by mail.
www.conservativebookstore.com /creview/carchive/199803.htm   (546 words)

  
 Attorney General: Honorable Clifton A. Leonhardt, Chairperson-Department of Public Utility Control, 1992-022 Formal ...
In general, limited federal Hatch Act restrictions attach to state officers or employees of a state or local agency if their principal employment is in connection with an activity which is financed in whole or part by loans or grants made by the United States or a Federal Agency.
Where a Connecticut statute mirrors the language of a federal act, interpretation of the federal act is particularly pertinent to the construction of the state statute.
There is a separate "Hatch Act" for federal employees set forth at 5 U.S.C. ยงยง 7321 - 7327 and 5 C.F.R. These laws are far more comprehensive than those applicable to state and local employees, which is evident in the provisions concerning what is prohibited.
www.ct.gov /ag/cwp/view.asp?A=1770&Q=281350   (1892 words)

  
 PSRF - Public Service Research Foundation
Should the Hatch Act, which has already survived numerous legal and political (legislative) challenges, be repealed, Baird says, the implications would reach beyond merely affecting federal sector employment policy but would influence the nation's economy and fiscal policies.
Examines the efficacy of the 1939 Hatch Act's prohibition on government workers' involvement in partisan political activities.
The act had originally been passed to protect federal workers from coercion by their superiors and to insure a politically neutral civil service.
www.psrf.org /gur/hata.jsp   (252 words)

  
 Gutting the Hatch Act: Congress's Plan to Re-Politicize the Civil Service   (Site not responding. Last check: )
The Hatch Act Amendments of 1993 (S. 185), sponsored by Senator John Glenn, the Ohio Democrat, would allow federal employees to become actively involved in partisan political campaigns, serve as campaign aides to candidates for federal elections, and serve as officers of political parties.
The Hatch Act of 1939 prohibits federal employees from interfering or using the authority of their office to: X Influence the outcome of electoral campaigns; X Offer compensation or employment to anyone in return for their participation in political activities; X Take an active role in marfaging or running partisan election campaigns.
In this respect, the Hatch Act functions as another federal man- date on the states, and undermines the independence of the voters and elected officials of the states to set their own rules for state government service.
www.heritage.org /Research/PoliticalPhilosophy/IB180.cfm   (5858 words)

  
 APX: The Supreme Court and Legislation   (Site not responding. Last check: )
Furthermore, the Declaratory Act stated that the colonists were unlawful in stating that the colonial assemblies alone had the authority to pass legislation and impose taxes on the colonies.
This act sets the exact wording for the Oath that, as stated in the sixth article of the constitution, must be taken by all members of the governing body of the United States.
Frederick Douglass, an opponent of the act, warned that the act was "an open invitation to a fierce and bitter strife".
www.tjhsst.edu /~sgoswami/legislation.htm   (12140 words)

  
 Hatch Act bars most federal employees from politicking   (Site not responding. Last check: )
Military personnel are restricted by the Hatch Act of 1939.
The reporter wondered whether the speech was a political one and a violation of the Hatch Act.
A 1940 amendment extended the act to local and state workers paid by federal funds.
www.dcmilitary.com /army/pentagram/9_31/national_news/30404-1.html   (499 words)

  
 Mohave Daily News: News
The Hatch Act approved in 1939, restricts employees whose duties are financed in whole or in part by federal funds.
The Hatch Act states that a candidate may be appointed to fill an unexpired term of an elective official.
Smith said in a section of the Hatch Act, he and other candidates such as governors, lieutenant governors, mayors, elected heads of executive departments and other individuals holding elective office are exempt from being prohibited of being a candidate.
www.mohavedailynews.com /articles/2004/06/08/news/news2.txt   (520 words)

  
 E-mail poses challenge for Hatch Act enforcers=The Hill.com=   (Site not responding. Last check: )
E-mails for and against Sen. John Kerry’s presidential campaign are at the center of a Hatch Act probe.
In the guidance, the office clarifies that conducting a “water cooler” type discussion via e-mail in and of itself is not a violation of the Hatch Act.
Bloch said that most of the Hatch Act violations are reported by third parties — for example, individuals taking offense at something they received in an e-mail.
www.hillnews.com /executive/091604_hatch.aspx   (720 words)

  
 HistoryCentral.com - Your Source for Everything History -> American History > US Civic Terms
Hatch Act (1939) - formally known as the "Act to Prevent Pernicious Political Activities," called the "Hatch Act" after Senator Carl Hatch of New Mexico, who was its major sponsor.
Hatch Act Rules - rules that regulate the actions of federal employees, as published by the US Merit Systems Protection Board.
According to the Hatch Act rules, federal employees may engage in most political activities, including voting, campaigning in nonpartisan elections, wearing political buttons and contributing money to political campaigns.
www.multied.com /Civics/H.html   (489 words)

  
 Law on Conflicts Spurs Parran to Rethink Candidacy
The Hatch Act has become a focus of attention for state employees this month after a May 3 ruling by the U.S. Office of Special Counsel, which enforces the law, that Phil Bissett, director of the federally funded MARC commuter rail and bus division, was violating the act by running for Anne Arundel county executive.
Erica Stern, a lawyer in the Hatch Act unit of the Office of Special Counsel, said about half of the 200 or so complaints the office receives each year deal with state and local employees.
The Hatch Act's possible application to Parran has the potential to change the calculus of the 2006 county election.
www.washingtonpost.com /wp-dyn/content/article/2005/05/18/AR2005051800165_pf.html   (531 words)

  
 The Hatch Act - Democratic Party
Violations the Hatch Act seem to be underlying many of the scandals hitting the nightly news.
The Hatch Act was first passed in 1939 in response to concerns about the political activities of federal employees.
Congress expanded The Hatch act in 1940 to extend to state and local governments who receive federal funds and in 1993, to restrict elected officials from making unsolicited recommendation on candidates for federal employment.
www.bellaonline.com /articles/art50576.asp   (839 words)

  
 The World War II Era 1939-1946 The Tree of Liberty
On August 2, 1939, Congress passed the Hatch Act, sponsored by Senator Carl Hatch of New Mexico, forbidding federal civil servants from taking an active part in political parties and campaigns.
This act, named after Congressman Howard W. Smith of Virginia, was the first peacetime federal sedition law since the Alien and Sedition Acts of 1798.
Although no acts of sabotage by Japanese-Americans were ever reported, some believed the racial and cultural loyalties of this easily-identifiable ethnic group would supersede their political allegiance and "a nationwide tornado of destruction" would ensue.
www.thirdworldtraveler.com /History/WorldWar2_TOL.html   (796 words)

  
 [No title]
P.L. Intelligence Authorization Act for FY1996, enacted on January 6, 1996, amends Section 7325 of P.L. 103-94 to allow the Office of Personnel Management (OPM) to extend coverage of regulations on political activity permitted of employees residing in certain municipalities to certain employees previously excluded.
The text of S. 185, The Hatch Act Reform Amendments of 1993, as amended, was substituted for H.R. 20 and H.R. 20, as amended, passed the Senate by a vote of 68 to 31 on July 20, 1993.
Any activity of employees covered by the Hatch Act is excluded unless that activity is prohibited under 5 U.S.C. 7323 or 7324, relating to prohibitions on the use of official influence or official information and solicitation.
www.fas.org /irp/crs/87-153.htm   (3023 words)

  
 Hatch Act Presents Setback for Ex-Delegate
Bissett's campaign acknowledged yesterday that his candidacy may put him in violation of the Hatch Act, a 1939 measure tailored to prevent taxpayer dollars from being used for partisan politics.
The Hatch Act is a mainstay of campaign controversy.
It was central to allegations of improper fundraising by the Clinton administration, which acknowledged placing fundraising telephone calls from the White House and inviting donors to sleep in the Lincoln Bedroom during the 1996 campaign.
www.washingtonpost.com /wp-dyn/content/article/2005/05/04/AR2005050402154_pf.html   (631 words)

  
 www.GovExec.com - House delegate wants D.C. workers exempted from Hatch Act (5/6/02)
Acting HCFA chief forced to quit due to Hatch Act violation (12/15/00)
The 1939 Hatch Act prohibits employees who work for the federal government from running as candidates in partisan elections or soliciting political contributions.
The Office of Special Counsel warned Briggs to withdraw from the race or resign from the school system, but he refused, saying the Hatch Act is unconstitutional because it applies to D.C. teachers but not to teachers in the 50 states.
www.govexec.com /dailyfed/0502/050602t1.htm   (482 words)

  
 Appendix 4: Brief History
The Hatch Act of 1939 and its 1940 amendments asserted the right of Congress to regulate primary elections and included provisions limiting contributions and expenditures in Congressional elections.
Although the Tillman Act and the Taft-Hartley Act of 1947 banned direct contributions by corporations and labor unions to influence Federal elections, the FECA provided an exception whereby corporations and unions could use treasury funds to establish, operate and solicit voluntary contributions for the organization's separate segregated fund (i.e., PAC).
Under the Revenue Act-the first of a series of laws implementing Federal financing of Presidential elections-citizens could check a box on their tax forms authorizing the Federal government to use one of their tax dollars to finance Presidential campaigns in the general election.
www.fec.gov /info/appfour.htm   (1562 words)

  
 Hatch Act of 1939
Commonly referred to as the Hatch Act of 1939, this law regulates which state or local government employees may run for partisan political office.
At that hearing the MSPB will determine if there was a violation of the act, determine whether the violation warrants the removal of the officer or employee from the office or employment, and will notify the individual and the agency of its decision by mail.
Congress should revisit that portion of the Hatch Act of 1939 which excludes an entire class of citizens from their right to be a candidate for any partisan political office, municipal, state or federal.
www.siue.edu /ALESTLE/library/spring1998/jan.27.98/ed1.html   (542 words)

  
 Twelfth Lecture   (Site not responding. Last check: )
Party operations were financed by wealthy individuals and a "tax" on patronage positions common from 1830s to 1880s (like a tithe - percentage of your income would go to the party if you got your job through them).
Hatch Act of 1939 -- prohibited federal employees from active participation in national politics.
1940 Hatch Act amendments forbade individuals or business concerns doing work for the federal govt to contribute to any political committee or candidate.
astro.temple.edu /~rkolodny/twelfthlecture.htm   (439 words)

  
 INCENTIVES AND DISINCENTIVES FOR PUBLIC EMPLOYEE ORGANIZATIONS' PARTISAN POLITICAL CAMPAIGNS
Public employees are restricted by the Hatch Acts of 1939 and 1940 from participating fully in American politics.
Private sector employees are not subject to the federal Hatch Acts of 1939 and 1940, which restrain public employees from performing certain partisan political activities.
The Hatch Act of 1939 was a reaction against the spoils system which allowed the employment of some federal employees through political patronage rather than merit (Bordas, 1985).
www.lib.utah.edu /epubs/undergrad/vol1/udeh.html   (3187 words)

  
 Judge rules Grantland must quit his state job   (Site not responding. Last check: )
Grantland is accused of violating the Hatch Act, a law that prohibits federal employees from engaging in partisan elections.
Pursuant to the Hatch Act, Administrative Law Judge Bruce Rosenstein could have found Grantland violated the law without imposing a penalty.
Its scope was limited to employees of the federal government until 1940, at which time its coverage was expanded to employees of state agencies that receive federal funds.
www.decaturdaily.com /decaturdaily/news/050330/quit.shtml   (456 words)

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