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Executive Order 10758 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §3: Administrative Management & Civil Service

Executive Order 10758—Establishing a Career Executive Program Within the Civil Service System

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Tuesday, March 4, 1958
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5 min read (945 words)

Executive Brief • At a Glance

⏱️ 5 min read (945 words) • ● In Effect
🎯 Primary Mandate

As used in this order: (a) "Career executive service" means those line or staff positions in the competitive civil service having significant administrative or managerial characteristics which are designated by the heads of the executive agencies concerned with the approval of the Career Executive Board hereinafter established from among (1) positions in Grade GS-16 and above (and their equivalents) and (2) positions in such grades below GS-16 (and their equivalents) as are hereafter designated, under the authority of this subsection, as additional career executive-program grades by the United States Civil Service Commission (hereinafter referred to as the Commission) upon the recommendation of the said Board.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Dwight D. Eisenhower on March 4, 1958, this order concerns Establishing a Career Executive Program Within the Civil Service System. Definitions. As used in this order: (a) "Career executive service" means those line or staff positions in the competitive civil service having significant administrative or managerial characteristics which are designated by the heads of the executive agencies concerned with the approval of the Career Executive Board hereinafter established from among (1) positions in Grade GS-16 and above (and their equivalents)…

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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As used in this order: (a) "Career executive service" means those line or staff positions in the competitive civil service having significant administrative or managerial characteristics which are designated by the heads of the executive agencies concerned with the approval of the Career Executive Board hereinafter established from among (1) positions in Grade GS-16 and above (and their equivalents) and (2) positions in such grades below GS-16 (and their equivalents) as are hereafter designated, under the authority of this subsection, as additional career executive-program grades by the United States Civil Service Commission (hereinafter referred to as the Commission) upon the recommendation of the said Board.

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There is hereby established the Career Executive Board, hereinafter referred to as the Board, which shall be composed of five members.

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Three of the members shall be appointed by the President from private life and each of two of the members shall be a representative of an executive agency in consonance with section 214 of the Independent Offices Appropriation Act, 1946, approved May 3, 1945 (59 Stat. 134; 31 U. S. C. 691).

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One of the agencies so represented shall be the Commission and the other shall be such executive agency, other than the Commission, as the President may from time to time designate.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
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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 2 (Zone of Twilight)
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"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Defends Vigor & Dispatch
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
47 / 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

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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
945
6,135 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
17.6
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS administration of the complex operations of the executive agencies of the Federal Government requires the highest quality of managerial ability and experience; and WHEREAS it is essential that competent and experienced civil service executives be available in the several executive agencies to assist the heads thereof in effectively administering their agencies and functions; and WHEREAS action is needed to assure the retention and effective use in the Federal service of the top rank officers and executives of the career civil service of the Federal Government:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by the laws of the United States, including section 1753 of the Revised Statutes (5 U. S. C. 631) and the Civil Service Act of January 16, 1883 (22 Stat. 403), and as President of the United States, it is ordered as follows: SECTION 1. Definitions. As used in this order: (a) "Career executive service" means those line or staff positions in the competitive civil service having significant administrative or managerial characteristics which are designated by the heads of the executive agencies concerned with the approval of the Career Executive Board hereinafter established from among (1) positions in Grade GS-16 and above (and their equivalents) and (2) positions in such grades below GS-16 (and their equivalents) as are hereafter designated, under the authority of this subsection, as additional career executive-program grades by the United States Civil Service Commission (hereinafter referred to as the Commission) upon the recommendation of the said Board. (b) "Career executive" means an employee in the career executive service. (c) "Executive agency" means any department, independent establishment, or other instrumentality of the executive branch of the Government of the United States which is, or may hereafter become, subject to the civil-service laws. SEC. 2. Career Executive Board. There is hereby established the Career Executive Board, hereinafter referred to as the Board, which shall be composed of five members. Three of the members shall be appointed by the President from private life and each of two of the members shall be a representative of an executive agency in consonance with section 214 of the Independent Offices Appropriation Act, 1946, approved May 3, 1945 (59 Stat. 134; 31 U. S. C. 691). One of the agencies so represented shall be the Commission and the other shall be such executive agency, other than the Commission, as the President may from time to time designate. Not more than three of the members of the Board shall be adherents of the same political party. The Chairman of the Board shall be designated from time to time by the President from among the members of the Board. SEC. 3. Functions of the Board. (a) The Board, after consultation with the executive agencies, shall develop and assist in the application of improved policies, standards, and procedures designed to facilitate the identification, selection, placement, and retention of civil-service career executives, and shall advise the Commission with respect to the issuance of regulations governing such matters. (b) In performing its functions, the Board shall: (1) Receive from the heads of executive agencies, in accordance with procedures to be adopted by the Board, nominations made by such heads of career employees who are considered as meeting the qualification standards for career executives established pursuant to this order, and, if concurring in such nominations, recommend that the President designate such individuals as career executives. (2) Maintain service and experience records of designated career executives and develop a supplementary roster of career executive eligibles for use by heads of executive agencies in filling suitable vacancies occurring in such agencies. (3) Develop methods of assuring adequate and regular appraisal of career executives to facilitate its referral operations and to help determine whether those who have been qualified as career executives continue to demonstrate the required qualifications. (4) Assist the Commission and the heads of the several executive agencies in the development of effective programs for the training of career civil-service employees for promotion to positions in the career executive service and for the training of career executives. (5) Recommend to the Commission changes in position classification practices to permit greater flexibility in the assignment of career executives within the career executive service. (6) Recommend to the President and to the Commission such steps as will strengthen the career executive program. Legislative proposals recommended by the Board shall be submitted to the President through the Commission in accordance with established practices. SEC. 4. Entrance into career executive service. An employee may become a participant in the career executive program established by this order only by being designated as a career executive by the President. SEC. 5. Miscellaneous provisions. (a) Consonant with law, each executive agency represented on the Board under the provisions of section 2 of this order shall, as may be necessary for the purpose of effectuating this order, furnish assistance to the Board in accordance with the aforesaid section 214 of the Independent Offices Appropriation Act, 1946. Such assistance may include detailing employees to the Board, one of whom may serve as its executive secretary, to perform such functions, consistent with the purposes of this order, as the Board may assign to them. Members of the Board may receive transportation and per diem allowances as authorized by the Standardized Government Travel Regulations. (b) The Commission shall take such action, including issuance of regulations, as may be necessary for carrying out the career executive program established by this order. (c) The Board shall submit an annual report of its activities to the President through the Commission. SEC. 6. Revocation. Executive Order No. 10724 of August 12, 1957, is hereby revoked. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

March 4, 1958.

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Referenced By Later Executive Orders (2)

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

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Scholarly & Legal Citations

Exec. Order No. 10,758 (Mar. 4, 1958), https://executiveordersarchive.org/orders/app-executive-order-10758-establishing-career-executive-program-within-the-civil-service.