October 31, 2020 – Trump Up-Ends 137 year old Federal Civil Service Workforce Act by Executive Order – The Pendleton Act – protective of federal civil service employees, was signed into law on January 16, 1883 by the 21st President of the United States, Chester Alan Arthur. The law’s intent was to provide a merit-based system for selecting government officials and supervising their work. The “Act” was named after Senator George Hunt Pendleton of Ohio.
The purpose of the Pendleton Act of 1883, was to eliminate “political patronage” to ensure that Federal Government jobs would be awarded on the basis of merit and that Government employees would be selected through competitive exams rather than cronyism and political affiliation – or “loyalty” which is reportedly demanded by President Trump.
According to the Government’s own Website:
The [Pendleton] act also made it unlawful to fire or demote for political reasons employees who were covered by the law. The law further forbids requiring employees to give political service or contributions. The Civil Service Commission was established to enforce this act.
It is noted that President George Washington made most of his Federal appointments based on merit, but later presidents adopted their own policies. It is also reported that President Andrew Jackson, the seventh president of the United States in 1828, utilized what is called the “spoils system.” In that system, political friends and “supporters” were rewarded with Government positions – making nepotism and political affiliation the only requirement to hold coveted positions in government. Because these Jacksonian abuses were so widespread and prevalent – they threatened the very functioning of government. It was Jackson himself who required his “political appointees” to spend more time and money on political activities – rather than doing their jobs. Sound familiar?
Today, we not only have campaign finance laws like Citizens United requiring our elected political leaders to spend more money raising money than legislation – we now have Trump meddling with the Pendleton Act – a law put in place to curb these abuses, which it did so admirably, for well for 137 years. Because of this sudden dismantling, one must ask, Could this “meddling” be the basis of a loyalty pledge to the president?
Trump Meddling with the Pendleton Act, a Civil Service Law that Served the US Well for 137 Years
When the Pendleton Act of 1883 was first instituted, only 10 percent of the Government’s 132,000 employees were covered. Today, that number is more than 90 percent of the 2.7 million Federal employees that are covered by the Civil Service Act.
What is so troubling, is the dismantling of the Pendleton Act can allow the removal of non-partisan career federal government employees: policy makers, scientists, intelligence officers, and many well-educated and well-trained professional career employees of the Federal Civil service. Because the White House is changing classifications of what were “competitive” career jobs to what is considered “excepted” – many like Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Disease, and others in the Intelligence community like the FBI director, Christopher Wray – and before him James Comey, and Asst. Dir., Andrew McCabe – can easily be reclassified or simply let go. In essence, these civil servants can get the boot, be removed from their jobs, with little to no recourse to ever get their jobs back. So, if a President dislikes an employee, he can say as he does, they are doing a “terrible” job and fire them on the spot. He does this to anyone he sees as disloyal or not towing his “line” – and this is what Trump is doing to many running the government and intelligence.
Peddling Away from Pendleton, What this All Means for America…
By this latest Executive Order, Trump is taking us back to the spoils of President Andrew Johnson, to a time when political accountability, not qualification was key to securing a Federal Civil Service job and career.
As per the latest information from the Government Accountability Office (GAO), which will no doubt be subject to change under Trump: The Pendleton Civil Service Reform Act which provided job selection of many government employees by competitive exams will be cast aside in favor of those hired by political favor. The Pendleton Act which made it illegal to fire or demote government officials for political reasons will be no more.
Yet, despite the White House talking points, saying the goal of the Executive Order is to make the Civil Servants more productive and accountable to the President – it is a subterfuge – a cover for what Trump is doing to control those in government with a different point of view. Including providing what scientists believe is either no information or disinformation on how the public can protect itself from the deadly Coronavirus pandemic. This disinformation campaign is coming to a head, as the President makes his frustration and disapproval clear by directing his ire at Dr. Anthony Fauci, the top infectious disease doctor in the National Institute of Allergy and Infectious Diseases – serving since 1984. Dr. Fauci continues to warn Americans, much at his own peril, how devastating the Coronavirus actually is. In fact, it is reported that he received numerous death threats from Trump loyalists when he warns Americans to remain vigilant and socially distance.
And despite Trump’s own statements to rid himself of Fauci and others like him, according CNN, the White House claims the:
“Executive Order on Creating Schedule F in the Excepted Service” would allow government to “operate more efficiently,”
It is clear, that if Trump were given a second term, he would fire so many dedicated career civil servants that the government could suffer irreparably. It could severely diminish the knowledge-base of those in government, and gravely hamper the effectiveness of government, at a time when the US needs experienced civil servants to get us through this pandemic, help with the economic fallout, and warn of national security threats by our adversaries. This is not the time for cronyism and loyalists if our democracy is to survive.
This Election is Critical to the Future of the American Democracy
How our democracy functions or is crippled depends on this election if up to the American people. If Trump is reelected, career Civil Servants will likely need to audition with their knee-pads and practice their bow – as if auditioning for the Apprentice TV show. There is no doubt, a Second term Trump Presidency would be far worse than the first – where there will be wholesale disregard for the rule of law as it is routinely flouted right now. All that will be left – will be at the mercy of his unending and scurrilous dictate – the hallmark of what is Fascism.
So, if you value Democracy, and the voice of the people – make a plan to Vote.
Remember character is on the ballot as well as experience. One candidate has both.
The Choice is Clear America. Do you really want a Draft Dodger, Tax Cheat, Bully & Braggart, & Buddy to Dictators & All-Around Nasty & Demeaning Person Representing America? Or a Man of Decency & Service to Our Nation, Who Values Our Military, and Whose Own Children Have Served.
You read the facts – learn what is going on – search your conscience, and decide when you vote on Tuesday, November 3rd.
Updated Nov. 12, 2020 – We now have an election that is decisive for President-Elect Biden, yet, Trump is as predicted, dismantling government because he undid the Pendleton Act by Executive fiat. He is now directing his ire of his election loss at those in top-ranking positions of government. Not only is Trump dismantling government, he is creating security risks at the Pentagon while doing so. To make matters worse, his refusal to concede the election, despite a decisive 5 million popular vote victory in favor of President-Elect Biden, and his decisive Electoral College win. In an unprecedented unofficial coup, Trump is stalemating the transition process which by its nature threatens our national security. Will his autocratic tendencies cause a Constitutional crisis? We must remain vigilant and hope sanity and the rule of law prevails, and that Trump’s frivolous and unfounded claims of voter fraud finds its way into the trash-heap of history.
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