Broken Systems
And How to Fix Them
By Mark T Britton

V1.3

About Our Broken Politics, Broken Media, Broken Republic

Return to the Spoils System

A resurrection of the corrupt patronage system of the 1800s, where personal loyalty to the President trumps competence, merit, and dedication to public service by civilian servants.


What Was the Spoils System?

The "spoils system" was a practice that dominated American government in the 1800s, where government jobs were awarded based on political loyalty rather than merit or qualifications. When a new president took office, thousands of federal employees would be fired and replaced with political supporters and cronies.

This system led to widespread corruption, incompetence, and instability in government operations. Government agencies became tools of political patronage rather than servants of the public interest. The wealthy and powerful used their connections to secure government positions for themselves and their allies, creating a culture of favoritism and lobbying influence.


The End of the Spoils System

In 1883, the Pendleton Civil Service Reform Act established a merit-based civil service system for hiring and protecting employees from political dismissal. The intent was to end the "spoils system" of political employment.

The Civil Service Reform Act of 1978 further codified merit system principles and defined prohibited personnel practices to protect against discrimination and political favoritism.

[The spoils system history]


The Merit-Based Civil Service Today

There are 2.2 million civilian employees today. These are regular American citizens, non-politicians hired with the qualifications to do a specific job. By law today they have the right to unionize, they are protected against political influence, and pledge by solemn oath to support and defend the U.S. Constitution and bear true faith and allegiance to it, NOT to any individual like the President. This oath is outlined in 5 U.S. Code 3331.


The Threat: Unitary Executive Theory

This administration and conservative members of the Supreme Court are attempting to end this long-standing structure under the guise of the Unitary Executive Theory.

This theory dates back to the Reagan administration. It proposes that since the President "shall take Care that the Laws be faithfully executed" (Article II, section 3 of the Constitution), he needs the power to appoint (or replace) all personnel in the Executive branch. To a point this theory makes sense. The "buck stops" at the President's desk, so he must be able to staff accordingly.

There is ambiguity, however, with the constitutional structure of the Executive branch. The President has always had the power to hire and fire the "officers" of the Executive branch, by and with the advice and consent of the Senate (Article II, Section 2 of the Constitution). They serve "at the pleasure of the President."

[the Constitution of the United States of America]


The Danger in Extending This Power to Civilian Employees Should Be Obvious to the Most Casual Observer:

1) We would return to the age of the spoils system.

2) Our agencies would become no more than outlets for propaganda when employees' jobs depend on the political whims of the President.

3) The reporting of critical data such as inflation rates would be subject to political influence. In other words, we would be blinded.

4) Civilian employees would be subject to retribution for reporting fraud, waste, or illegal actions by the administration.

5) Watchdog protections would be muted or eliminated.

6) Workplace rights would be muted or eliminated.


The Return to Patronage and Favoritism

If Humphrey's Executor v. United States (1935) were to be overturned, the results would be a catastrophic return to the disruptive "spoils system" of political patronage, favoritism, and lobbying influence (that is bad enough the way it is).

If ruled in Trump's favor, the President would be granted full executive power over independent agencies, established by Law and upheld in Supreme Court cases since 1935.

Similarly, in AFGE v. Trump, if ruled in the President's favor, he would be granted full executive power over the Civil Service with devastating effects.

[Trump v. Slaughter case explainer]
[About AFGE v. Trump]


Evidence of the Spoils System Already Emerging

We are already seeing signs of a return to the spoils system:

Project 2025's Explicit Goal: "Replace merit-based civil service workers with loyal appointees." This is stated openly in the Project 2025 document "Mandate for Leadership: The Conservative Promise."

[Link to Project 2025 text]
[The Political Civil Service]


The Grift and Corruption of Donald Trump and Family

$TRUMP memecoin, $MELANIA memecoin, World Liberty Financial cryptocurrency company, USD1 stablecoin, and Trump NFTs have netted the Trump family hundreds of millions, if not billions, in questionable income. The investors span the range from foolish individuals to the sovereign wealth funds of dictatorships. What strings come attached to investments of this size?

This is exactly the kind of corruption that the spoils system enabled in the 1800s—where government positions and influence were traded for personal enrichment and political favor.


Historical Context: Why We Ended the Spoils System

The first independent agency was formed in 1887 with the establishment of the Interstate Commerce Commission (ICC). Before that time, the railroad monopoly sucked the profit from any industry requiring transportation, such as coal and farm products. The wealth and power of railroad companies politically influenced regulations to the detriment of all other business concerns.

Subsequently, many other independent agencies were established with the singular purpose of isolating agencies from short-term political influence.

The Pendleton Act itself was passed in response to the assassination of President James Garfield by a disgruntled office-seeker who had been denied a government position. The spoils system had become so corrupt and dangerous that it literally led to the murder of a president.


Summary: Why This Matters

The spoils system was abandoned for good reasons. It led to:

- Widespread corruption and graft
- Incompetent government service
- Unstable and ineffective agencies
- Government serving political interests rather than the public good
- The wealthy and connected gaining unfair advantages
- Violence and assassination over political positions

Returning to this system would be a catastrophic step backward for American democracy. When personal loyalty to the President becomes more important than competence, merit, and dedication to public service, everyone loses—except those seeking power and personal enrichment.



For any comments, critical or not, please email me at:

[email protected]


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