ABSTRACT
Prologue: Elrod v. Burns (1976) The use of public jobs for political patronage in America is a practice almost as old as the American political experience itself. In Colonial days, the British used patronage widely and often abusively; the creation of sinecures and the sale of public office were a central aspect of Colonial public administration. So incensed were the Americans with these practices that, in the Declaration of Independence, they complained that King George III had “erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.” By the time the spoils system rolled into full swing in the 1840s, however, patronage could be considered as American as apple pie. As President Jackson pointed out, rotation in office is a democratic principle, and one that makes the public service accountable to the electorate; neither can it be doubted that among the lasting benefits of patronage has been the creation of a strong two-party political system. The use of political patronage for democratic ends was a major aspect of American political development. It is not surprising, therefore, that despite the efforts of civil service reformers to eradicate patronage practices at all levels of government, some jurisdictions have managed to hold on to hallowed traditions. But what the reformers missed, the Supreme Court took care of in Elrod v.
