Something has gone wrong in our civil service. Consider some recent developments. The IRS was forced to pay the National Organization for Marriage $50,000 for leaking the group’s donor list. Tea-party organizations and donors were much more likely than others to be audited by the IRS. This misbehavior was not the work of a few rogue employees in Cincinnati. In general, the IRS stalled tea-party applications for status as 501(c)(4) groups.
Meanwhile, April Sands, an employee of the FEC, recently pleaded guilty to violating the Hatch Act, which prohibits federal employees from campaigning at the office. Ms. Sands, who worked in the office charged with enforcing our election laws, recently said, “I just don’t understand how anyone but straight white men can vote Republican.” What business does such a person have in that office in the first place? Somehow the FEC managed to wipe her computer clean, weakening the case against her. Perhaps that answers our question. These cases reflect a larger pattern. Our civil service is putting a thumb on the scale of justice.
Thomas Jefferson described the ideal this way in 1776: “Let mercy be the character of the lawgiver, but let the judge be a mere machine.” Justice is blind. The law applies equally to all, regardless of their religious or political beliefs, their wealth or poverty, or their race. Moreover, it applies to government and the governed equally. Judges make this clear in their oath to “administer justice without respect to persons, and do equal right to the poor and to the rich.” That principle applies across government. Jefferson continued: “The mercies of the law will be dispensed equally & impartially to every description of men; those of the judge, or of the executive power, will be the eccentric impulses of whimsical, capricious designing man.” The law can hardly be said to rule when it is applied or enforced in a biased manner, or when government employees exempt themselves from its reach.
How did we get here? With the rise of the Second Party System in 19th-century America came the spoils system, replacing the quasi-aristocratic republican old-boys’ network that had upheld the ideal of the gentleman as public servant. After a deranged office seeker assassinated President Garfield, the United States began to embrace the ideal of a non-partisan and professional civil service. Government employees began to be hired for their professional competence, determined by tests, rather than for party connections. Once hired, these government workers would be given civil-service protections — tenure as a security against partisan pressure. The goal was also to ensure that citizens voted for a candidate because he would pursue good policies, not because their idiot brother-in-law would get a job if their guy won.
Today we have the worst of both worlds: a tenured and partisan civil service. Government employees have civil-service protection and are seldom fired, only for the most egregious of crimes. Yet they lean to one party. From 1989 to 2012, two-thirds of donations from IRS employees, for example, went to Democrats. Even so, our civil servants seem to think that they are politically neutral. Hence the em