The principal provisions of Sections 9 and 12 of the Hatch Act, designed to limit the political activities of federal employees and of certain state employees, were challenged in two cases decided by the Supreme Court in February, 1947, and held constitutional in both instances by a divided court.

Section 9 of the Hatch Act forbids most officers and employees in the executive branch of the federal government to take “any active part in political management or in political campaigns.” At the same time, all such persons are to “retain the right to vote as they may choose and to express their opinions on all political subjects and candidates.” The penalty for violation of the act is dismissal from the office or position held. A similar prohibition against taking part in political management or political campaigns is imposed by Section 12 of the act on any state or local employees whose principal employment is in connection with any activity financed in whole or in part by federal loans or grants. The activities prohibited are declared by Section 15 to be the same as those previously determined by the United States Civil Service Commission to be prohibited to employees in the classified civil service of the United States.

A whole barrage of charges was brought to bear against the constitutionality of this legislation. As applied to federal employees, the attack was centered on the second sentence of Section 9 of the act, which reads: “No officer or employee in the executive branch of the Federal Government … shall take any active part in political management or in political campaigns.”