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Executive Order 11226 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 11226—Amending Executive Order No. 10358, Relating to the Observance of Holidays by Government Agencies

Lyndon B. Johnson Lyndon B. Johnson
•
Thursday, May 27, 1965
•
2 min read (349 words)

Executive Brief • At a Glance

⏱️ 2 min read (349 words) • ● In Effect
🎯 Primary Mandate

Executive Order 10358 of June 9, 1952, entitled "Observance of Holidays by Government Agencies," 1 is hereby amended (1) by changing section 7 to read as follows: "SEC. 7.

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
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 Lyndon B. Johnson on May 27, 1965, this order concerns Amending Executive Order No. 10358, Relating to the Observance of Holidays by Government Agencies. Executive Order 10358 of June 9, 1952, entitled "Observance of Holidays by Government Agencies," 1 is hereby amended (1) by changing section 7 to read as follows: "SEC. 7. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 4, 5, 6, and 9 shall be treated as holidays in lieu of the corresponding calendar holidays." (2) by adding a new section 9 as…

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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Executive Order 10358 of June 9, 1952, entitled "Observance of Holidays by Government Agencies," 1 is hereby amended (1) by changing section 7 to read as follows: "SEC. 7.

▪

In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 4, 5, 6, and 9 shall be treated as holidays in lieu of the corresponding calendar holidays." (2) by adding a new section 9 as follows: "SEC. 9.

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The holiday for a full-time employee for whom the head of a department has established the first 40 hours of duty performed within a period of not more than six days of the administrative workweek as his basic workweek because of the impracticability of prescribing a regular schedule of definite hours of duty for each workday, shall be determined as follows: "(a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include 8 hours on the day designated as the employee's holiday.

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"(b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include 8 hours on the day designated as the employee's holiday.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants

Policy Areas & Topics

🏷️ Uncategorized
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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
31 / 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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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
349
1,973 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.8
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (2 sections)
Sec. 1Sec. 2

By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

Section 1. #sec-1

Executive Order 10358 of June 9, 1952, entitled "Observance of Holidays by Government Agencies," 1 is hereby amended (1) by changing section 7 to read as follows: "SEC. 7. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 4, 5, 6, and 9 shall be treated as holidays in lieu of the corresponding calendar holidays." (2) by adding a new section 9 as follows: "SEC. 9. The holiday for a full-time employee for whom the head of a department has established the first 40 hours of duty performed within a period of not more than six days of the administrative workweek as his basic workweek because of the impracticability of prescribing a regular schedule of definite hours of duty for each workday, shall be determined as follows: "(a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include 8 hours on the day designated as the employee's holiday. "(b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include 8 hours on the day designated as the employee's holiday. "(c) If a holiday occurs on any other day of the week, that day shall be the employee's holiday, and the employee's basic 40-hour tour of duty shall be deemed to include 8 hours on that day. "(d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section."

Sec. 2. #sec-2

The amendment to Executive Order 10358 ordered by section 1 of this order, shall be effective upon issuance of this order. LYNDON B. JOHNSON The White House, May 27, 1965.

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Referenced By Later Executive Orders (1)

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

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
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Scholarly & Legal Citations 

Exec. Order No. 11,226 (May 27, 1965), https://executiveordersarchive.org/orders/app-executive-order-11226-amending-executive-order-no-10358-relating-the-observance-holidays.