What’s the Pendleton Act?

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The Pendleton Act is a federal law in the United States that established the rules and regulations regarding who could be hired and kept in jobs within the federal government. Traditionally, people who supported the election of a certain candidate were given the opportunity to take up positions in the administration, while those who didn’t were forced out of their jobs. The Pendleton Civil Service Reform Act was passed in 1883 in an effort to ensure that federal government employees received jobs based on merit rather than political affiliation. This became especially important as the federal government’s role expanded through Reconstruction after the American Civil War.

When the nation was founded, the federal government was a very small organization composed primarily of sitting elected representatives and their aides. With the election of Andrew Jackson in 1828, the executive branch’s powers expanded dramatically as new agencies were created. He specifically advocated the concept of rotating federal employees with each new administration as a way to prevent the formation of a corrupt bureaucracy. This came to support the spoils system, a methodology in which large swathes of the federal government would be replaced whenever a new president was elected.

In general, civil service programs have suffered from the constant shift of power. Employees have worked for a number of years and gained a fundamental understanding of how to conduct business for the federal government only to be fired after a new election. This came to a head when a person seeking a position in James Garfield’s administration was rejected. In 1881, he assassinated the newly inaugurated president. Under the leadership of Chester A. Arthur, a movement was undertaken to mandate the merit system for federal employees. The proposed law would become known as the Pendleton Act.

With the passage of the Pendleton Act, a merit system was established for major federal government offices. This essentially established a way for a bipartisan oversight committee, the Civil Service Commission, to determine which people were best qualified for the position. In 1900, the only positions held by political appointees were management positions in different departments. This was made even stronger by the passage of the Hatch Act of 1939, which stipulated that no public official could engage in partisan politics.

The Pendleton Act was modernized again with the Civil Service Reform Act of 1978. It abolished the Civil Service Commission and replaced it with three different organizations, each serving a different function. The Personnel Management Office is responsible for ensuring that appropriate laws are followed when civil servants are employed. The Body for the Protection of Merit Systems ensures that management follows the correct procedures relating to the merit system. He also created the Equal Employment Opportunity Commission, a group that ensures equal opportunities for all federal employees regardless of race, gender, national origin or creed.

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