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Executive Order 10358 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 10358—Observance of Holidays by Government Agencies

Harry S Truman Harry S Truman
•
Monday, June 9, 1952
•
2 min read (469 words)

Executive Brief • At a Glance

⏱️ 2 min read (469 words) • ● In Effect
🎯 Primary Mandate

This order shall apply to all executive department, independent agencies, and Government-owned or Government-controlled corporations, including their field services.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Harry S Truman on June 9, 1952, this order concerns Observance of Holidays by Government Agencies. This order shall apply to all executive department, independent agencies, and Government-owned or Government-controlled corporations, including their field services. SEC. 2. As used in this order: (a) "Holiday" means the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday of September, the eleventh day of November, the fourth Thursday of…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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This order shall apply to all executive department, independent agencies, and Government-owned or Government-controlled corporations, including their field services.

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As used in this order: (a) "Holiday" means the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday of September, the eleventh day of November, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order.

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Whenever a holiday falls on a Sunday, Federal offices and establishments shall be closed to public business on the following Monday.

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Any employee whose basic workweek does not include Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Government Operations & Civil Service
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
35 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
469
2,808 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.2
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. This order shall apply to all executive department, independent agencies, and Government-owned or Government-controlled corporations, including their field services. SEC. 2. As used in this order: (a) "Holiday" means the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday of September, the eleventh day of November, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order. (b) "Workday" means those hours which comprise in sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not. SEC. 3. Whenever a holiday falls on a Sunday, Federal offices and establishments shall be closed to public business on the following Monday. SEC. 4. (a) Any employee whose basic workweek does not include Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday. (b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his "regular" weekly non-workday in lieu of Sunday. SEC. 5. Any employee who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever the first Monday of September or the fourth Thursday of November, or any other holiday which always occurs on a specific day of the calendar week (other than Sunday), falls on a day outside the employee's regular basic workweek. SEC. 6. Any employee whose workday covers portions of two calendar days and who would, except for this section, ordinarily be excused from work scheduled for the hours of any calendar day on which a holiday falls, shall instead be excused from work on his entire workday which commences on any such calendar day. SEC. 7. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 4, 5, and 6 shall be treated as holidays in lieu of the corresponding calendar holidays. SEC. 8. This order shall become effective sixty days after the date hereof, and shall supersede Executive Order No. 9636 of October 3, 1945, entitled "Observance by Government Agencies of Holidays Falling on Sundays". HARRY S. TRUMAN

THE WHITE HOUSE, #signature

June 9, 1952

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Referenced By Later Executive Orders (6)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

References Executive Order 11582—Observance of Holidays by Government Agencies
Richard Nixon • 1971-02-11
Amends Executive Order 11573—Excusing Federal Employees From Duty for One-Half Day on December 24, 1970
Richard Nixon • 1970-12-21
Amends Executive Order 11503—Excusing Federal Employees From Duty on December 26, 1969
Richard Nixon • 1969-12-23
Amends Executive Order 11272—To Except Employees of the Postal Field Service From Certain Provisions of Executive Order No. 10358, as Amended by Executive Order No. 11226, Relating to the Observance of Holidays by Government Agencies
Lyndon B. Johnson • 1966-02-23
References Executive Order 11226—Amending Executive Order No. 10358, Relating to the Observance of Holidays by Government Agencies
Lyndon B. Johnson • 1965-05-27
References Executive Order 11064—Excusing Federal Employees From Duty on December 24, 1962
John F. Kennedy • 1962-11-21
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Scholarly & Legal Citations 

Exec. Order No. 10,358 (June 9, 1952), https://executiveordersarchive.org/orders/app-executive-order-10358-observance-holidays-government-agencies.