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Nonpartisan civil service under attack

August 2026 federal employment law insider
Authors: 

the editors of FELI

For much of the 19th century, the United States was hobbled by widespread government corruption. “To the victor go the spoils” supplanted a government “of, by, and for the people.” Only a national disgust with post-Civil War era corruption led to the creation of a nonpartisan civil service. Despite occasional slips (Teapot Dome), the federal government attained a level of probity and some measure of respect. That is once again at risk. The undermining of a nonpartisan civil service is the launching point of a government steeped in self-dealing, insider trading, profiteering, and gouging vast personal fortunes from transactions enabled by government regulation—all the hallmarks of the days of the backroom deal, the greased palm, and government of, by, and for those in charge.

The Civil Reform act of 1883, as amended, has been the bedrock of federal employment ever since its enactment. By putting an end to the notoriously corrupt spoils system of previous decades, the Act created a nonpartisan, merit-based system for hiring and evaluating federal employees. In the ensuing years, reforms expanded protections from arbitrary treatment of employees (Merit Systems Protection Board (MSPB)) to paths to advancement for outstanding performers (Senior Executive Service). 

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