Trump's Initiative for an Executive Order on Loyalty Threatens to Erode the Federal Workforce and the Constitution's Principles

The Office of Personnel Management (OPM) and the Office of Management and Budget (OMB) have released new hiring and training plans for federal workers, with a focus on ensuring alignment with President Trump's Executive Orders and policy priorities.

According to the new plan, applicants for Senior Executive Service positions will be required to demonstrate how they can help advance the President's Executive Orders and policy priorities. This shift in hiring strategy comes as the administration believes that some career federal employees may use their positions to advance personal political or policy preferences, rather than implementing the elected President's agenda.

The hiring plan is part of a broader effort to improve the efficiency of government operations, which were significantly lower compared to European countries before the Pendleton Act of 1883. In fact, British and Prussian customhouses were four to five times more efficient than those in the U.S. before the Pendleton Act.

The Pendleton Act was designed to prevent the government from being controlled by political jobs and was a crucial step towards creating a politically nonpartisan merit system. The more recent Administrative Procedure Act of 1946 also defines the delegation of power to execute policies.

However, the focus on short-term responsiveness to executive orders could lead to programmatic and political risks for the president. The more the administration focuses on these orders, the worse it may serve the country's long-term interests.

This new approach to hiring and training is not without controversy. A proposed rule called the Schedule Policy/Career (formerly known as Schedule F) aims to address the issue by potentially allowing the administration to reclassify certain career civil servants as political appointees, giving them more flexibility in aligning with the administration's priorities.

A poll conducted last year found that 95 percent of those surveyed agreed that civil servants should be hired and promoted based on their merit, rather than their political beliefs. This suggests that while there may be disagreement on the methods, the goal of a merit-based civil service is widely supported.

It's important to note that federal officials are accountable to the President's executive orders, but also to the Constitution, laws passed by Congress, and professional standards of their professions. Presidents can emphasize their own priorities through executive orders, decide the emphasis on programs and regulations, and wipe out or change earlier orders and regulations that aren't in sync with their priorities.

However, it's also crucial to remember that in the past, postal workers have locked up the daily flow of mail in a back closet, and such actions are not conducive to an efficient and effective government. The new hiring and training plan seeks to address these issues and ensure that the government is run by competent, dedicated, and merit-based employees.

In the past, political positions in the U.S. government were often plum jobs, while in Europe, they relied on professionals. The new plan aims to shift this dynamic, ensuring that the government is run by individuals who are committed to the President's agenda, but also to the Constitution, laws, and professional standards that govern their actions.

In conclusion, the new hiring and training plan for federal workers under the Trump administration is a significant shift towards a more merit-based civil service. While it may face criticism and controversy, the goal is to create a more efficient and effective government that is aligned with the President's priorities and the needs of the American people.