Among Donald Trump's many bewildering campaign promises are: Fire tens of thousands of federal employees and replace them with allies. Some have dismissed some of his other stuff threat of political prosecution and mass deportation It's empty rhetoric that won't materialize, but it's real. During President Trump's first presidential term,Schedule F”
After President Biden took office, he overwrote Schedule F with more permanent content. regulation Protect workers. But overhauling the federal workforce appears to be within Trump's constitutional and statutory authority once he takes office again. And it would serve his long-professed purpose of instilling loyalty through fear.
Even though it was created by George Washington Competency-based hiring decisionsThe “patronage” or “spoils” system was well established by the time of Andrew Jackson's election victory in 1828. Under the spoils system, federal appointments were made based on affiliation with the party in power rather than merit. With each new administration, federal employees were fired en masse and replaced with supporters of the new president and his party.
president theodore roosevelt We explained the loot system Because it is something that has “probably been more fruitful as a result of deterioration in our political life than anything else that has been invented.”[t]He was a troll and a patronage peddler, which inevitably produced vote-buyers, vote-sellers, and those guilty of wrongdoing in office. ” The system exploded in 1881 when President James Garfield was assassinated. I'm angry that he was turned down for a job with the federal government. After working for Garfield and the Republican Party.
Congress responded as follows: Pendleton Act of 1883; It replaced the spoils system with a system based on competition and merit, a system now known as the “federal civil service.” Today, it consists of Over 2.2 million people. Over the next 140 years, Congress passed a series of additional laws, including: Civil Service Reform Act of 1978which created a comprehensive system of protections for federal employees, including procedures for challenging adverse personnel actions. The law also imposed protections such as: whistleblower And we made it clear that differences in political ideology are not grounds for firing an employee.
1979 Act Established Merit System Protection Committee In particular, to hear appeals against dismissal of employees. The Board of Directors is an independent body headed by three members appointed by the President and confirmed by the Senate for a seven-year term. Only the president can fire a member.”for inefficiency, neglect of duty, or professional misconduct;”
the board was numb throughout the 4 years Trump's first presidency was abolished after Trump refused to fill the vacancy, leaving it without a single lawmaker for two years and creating a backlog of more than 3,000 cases. Affected federal employees remain unemployed, some without jobs, until the Biden administration takes steps to fill vacancies and address their claims.
Here's the problem. The Civil Service Reform Act also allows special categories of employees, such as people with disabilities and purely political appointees, to be separated from the civil service. Traditional civil service procedures and protections do not apply to so-called “excepted public servants.” Carve-outs are known as “schedules.” Before President Trump, there were five schedules, Schedules A through E. During President Trump's first term, an executive order added Schedule F, creating a new category: “Federal civil servants of both sexes and men employed in sensitive policy-making positions.” -Policy-making or policy-advocating personality. ” This is a broad definition, potentially covering thousands of employees.
This executive order also states that “[f]prudent enforcement of the law through “appropriate management oversight of this selected cadre of professionals”; In light of the Supreme Court's intervention ruling Create immunity for presidents who commit crimes A challenge to the constitutionality of Schedule F through the Department of Justice under Trump v. United States as exceeding the president's Article II law enforcement powers is likely to fail.
Furthermore, the Civil Service System Reform Act also gave The president declares his authority to “confirm the suitability of applicants.'' [into the civil service] Concerning the “personality, knowledge and abilities suitable for the profession in demand” and “prescribing the obligations of individuals making inquiries” for that purpose. In other words, the president have broad legal powers Establish new rules for civil servants. This includes additions to the schedule exempting staff from protection from being fired for dishonesty or political reasons.
Whether President Trump gets away with firing thousands of federal employees and replacing them with his allies will probably have more to do with pragmatism than adherence to the rule of law or the spirit of the law. Despite far-right allegations of a “deep state,” Americans still depend on federal workers for basic things, from making sure planes don't crash to making sure Social Security checks are mailed on time. . It will also take a lot of time to find loyal people to replace the 2.2 million jobs.
But the purpose of Schedule F could be achieved by using it against a small number of people and terrorizing the rest.
project 2025 online survey Ask applicants about the impact on their job prospects in the next Trump administration.political philosophy” According to one alum of the first Trump administration, the aim was “to get people to understand that we're not talking about the Reagan Revolution or George W. Bush, we're listening to Tucker.” It is said that
Meanwhile, Trump's shadow president-elect, Elon Musk, has revealed personal information on his social media platform, X, about career federal civil servants he wants to terminate.It has been reported that:They fear that their lives will be changed forever”
Of course, fear is the point.
kimberly waleI'm the author of a new book“Pardon Power: How the Pardon System Works and Why”
