The Anticorruption Legacy of American Civil Service Reform

In the waning months of President Donald Trump’s first term, he issued an executive order that could have drastically reshaped the U.S. federal bureaucracy. The order created a new federal government job classification with far fewer civil service protections, called “Schedule F.” While most career civil servants in the U.S. federal government are protected from politically motivated firings and cannot be fired without cause, under Schedule F, employees “of a confidential, policy-determining, policy-making, or policy-advocating character” could be fired without following standard civil service procedures. With Trump now set to reassume power, Schedule F is back on the table, threatening to take away employment protections from potentially hundreds of thousands of federal employees and making it easier to fire civil servants for purely political reasons.

Commentators have pointed out the potential negative effects of Schedule F on administrative capacity, government performance, and accountability. But another key reason to be skeptical of Schedule F is that it represents a step backwards in the history of American civil service reform, which has its roots in 19th century anticorruption movements. Civil service independence and merit-based hiring came about in response to endemic corruption in the federal bureaucracy. The anticorruption history of the American civil service holds important lessons for modern civil service reformers, both in the United States and elsewhere.

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Can U.S. History Teach Us Anything Useful About the Fight Against Corruption in the Developing World Today?

A little while back I attended a very interesting talk by California Supreme Court Justice Mariano-Florentino Cuellar about a paper of his, co-authored with the political scientists Margaret Levi and Barry Weingast, entitled “Conflict, Institutions, and Public Law: Reflections on Twentieth-Century America as a Developing Country.” It’s a short, provocative paper, well worth reading for a number of reasons, but what I really want to focus on here is less the substance of the paper itself than the broader theme, captured by the paper’s subtitle, that it may be valuable to think about the pre-World War II United States as not so different from modern developing countries. Most relevant for readers of this blog, it may be worth looking to U.S. history (and the history of other developed countries) to better understand the process by which endemic public corruption may be brought under control.

The Cuellar-Levi-Weingast paper itself touches on, but doesn’t really delve into, this issue. Nonetheless, it got me thinking about three features of the historical U.S. struggle against systemic corruption—a struggle that, while certainly not complete, does appear to have successfully transformed the United States from a system where corruption was the norm (with some happy exceptions) to one where integrity is the norm (with some unhappy exceptions). Importantly, each of these three observations casts doubt on prominent claims in the modern debate about fighting corruption in the developing world: Continue reading