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''Oklahoma v. United States Civil Service Commission'', , is a 5-to-2 ruling by the United States Supreme Court which held that the Hatch Act of 1939 did not violate the Tenth Amendment to the United States Constitution. ==Background== The Hatch Act of 1939 barred federal employees from engaging in any political activity, either during working hours or non-working hours. The Oklahoma State Highway Commission had received funds from an agency of the United States government to build roads and bridges in that state. An employee of the State Highway Commission was also chairman of a committee of a political party. The United States Civil Service Commission ruled the employee's conduct to be in violation of the Hatch Act. The Civil Service Commission asked that the employee be fired. If the employee was not fired, the Civil Service Commission recommended that all federal highway funds be withheld from the state of Oklahoma. The state of Oklahoma sued to overturn the Civil Service Commission's ruling. The district court upheld the ruling. The appellate court upheld the district court's ruling. Oklahoma appealed again, and the Supreme Court granted certiorari. The state made four claims:〔''Oklahoma v. United States Civil Service Commission'', 330 U.S. 127, 133-134.〕 :#The Hatch Act violates the sovereignty of the states and is an unlawful delegation of power. :#The Hatch Act applies only to "active" political participation, which the employee did not engage in. :#Nothing in the Act permits the Civil Service Commission to order the removal of a state officer or apply a penalty to a state. :#The decisions of the district and appellate courts erred in not permitting the State of Oklahoma to pursue judicial review of the Act's constitutionality. The federal government contended the state had no standing to sue.〔''Oklahoma v. United States Civil Service Commission'', 330 U.S. 127, 134.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Oklahoma v. United States Civil Service Commission」の詳細全文を読む スポンサード リンク
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