Administrative Effectiveness

Introduction

The assignment presents case briefs of the given cases and discusses the questions provided in each case.

CASE 4.2 BRIEF

I. Elrod v. Burns, 427 U.S. 347 (1976)

II. In Elrod v. Burns in 1976, Supreme Court ruled on the matter on political patronage for the first time in the history of America. Sheriff department of Cook Country, Illinois, dismissed several employees from their jobs right after political administration changed in the country. All the employees were holding policy-making positions in sheriff department therefore were not under protection of civil service or any other legislation which covered the matter of summary dismissal at that time. Officials who dismissed them offered them the opportunity to keep their jobs by obtaining the support from party official or switching party allegiance. If employees fail choose between the two above options, this will result in the termination of their employment. Dismissed employees decided to sue the sheriff department and brought a class action in federal district court.

III. Does the first amendment to the constitution of United States preclude government officials to discharge or threaten or discharge government employees solely because they are not politically affiliated or support the ruling political party unless affiliation with the ruling political party is a requirement for the job/position involved?

IV. Yes (vote 5 to 3) (Opinion by Justice Brennan)

V. The reasoning behind the ruling on the part of judges lies in the requisite qualifications that all plaintiffs possessed to perform their jobs. Otherwise sheriff department would not have hired them. The right political sponsorship or posture is not a prerequisite for performing a job for lower level government workers. In two opinions separate from each other, court imposed a barrier of First Amendment to the constitution of United States to party patronage practices which are time-honored. Court concluded that lower-level ...