has confined the
President's selection to a small number of persons to be named by
others.[283] Indeed, it has contrived at times to designate a definite
eligibility, thereby virtually usurping the appointing power.[284]

CONDUCT IN OFFICE

Furthermore, Congress has very broad powers in regulating the conduct in
office of officers and employees of the United States, especially
regarding their political activities. By an act passed in 1876 it
prohibited "all executive officers or employees of the United States not
appointed by the President, with the advice and consent of the Senate,
* * * from requesting, giving to, or receiving from, any other officer
or employee of the Government, any money or property or other thing of
value for political purposes."[285] The validity of this measure having
been sustained,[286] the substance of it, with some elaborations, was
incorporated in the Civil Service Act of 1883.[287] By the Hatch
Act[288] all persons in the executive branch of the Government, or any
department or agency thereof, except the President and Vice President
and certain "policy determining" officers, are forbidden to "take an
active part in political management or political campaigns," although
they are still permitted to "express their opinions on all political
subjects and candidates." In the United Public Workers _v._
Mitchell[289] these provisions were upheld as "reasonable" against
objections based on Amendments I, V, IX, and X.

THE LOYALTY ISSUE

By section 9A of the Hatch Act of 1939, it is made "* * * unlawful for
any person employed in any capacity by any agency of the Federal
Government, whose compensation, or any part thereof, is paid from funds
authorized or appropriated by any act of Congress, to have membership in
any political party or organization which advocates the overthrow of our
constitutional form of government in the United States."[290] In support
of this provision the 79th Congress in its second session incorporated
in its appropriation acts a series of clauses which forbid the use of
any of the funds appropriated to pay the salary of any person who
advocates, or belongs to an organization which advocates, the overthrow
of the Government by force; or any person who strikes, or who belongs to
an organization of Government employees which asserts the right to
strike against the Government.[291] The apparent intention of this
proviso is to lay down a rule by which the appointing and