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Executive Order 11598 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11598—To Provide for the Listing of Certain Job Vacancies by Federal Agencies and Government Contractors and Subcontractors

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Wednesday, June 16, 1971
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3 min read (574 words)

Executive Brief • At a Glance

⏱️ 3 min read (574 words) • ● In Effect
🎯 Primary Mandate

The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Richard Nixon on June 16, 1971, this order concerns To Provide for the Listing of Certain Job Vacancies by Federal Agencies and Government Contractors and Subcontractors. The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service.

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This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service laws.

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Those rules and regulations shall also require Government contracts, above a specified dollar amount and providing specified employment potential, to contain assurances that the contractor, and any subcontractor holding a contract directly under that contractor, shall, to the maximum extent feasible, list all of its suitable employment openings with the appropriate office of the State employment service system: Provided, That this section shall not be deemed to apply to openings which the employer proposes to fill from within such employer's agency or organization; and Provided further, That listing of employment openings with the employment service system pursuant to this Order shall involve only the normal obligations which attach to…

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The rules and regulations of the Secretary with respect to this section shall not be retroactive in effect.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
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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

"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: Strong Prerogative Support
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
574
3,732 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
20
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Large numbers of veterans are now leaving the Nation's armed forces, and many of them have been encountering severe difficulties in making the transition to civilian life—in particular, many have found it difficult to locate and secure a job. The Nation owes these veterans not only its deepest thanks for their sacrifice and their service, but also its assistance in their efforts to resume normal civilian activities. In order to provide such assistance, the Federal Government has established a policy of helping veterans obtain employment, including the provision of special programs of job counseling and placement. It also is the policy of the Federal Government to require that veterans be given a preference in job referrals through the employment service system. It would facilitate the employment of returning veterans—and thereby further the Federal policy of aiding their transition to civilian life—to require that Federal agencies and Federal contractors and their subcontractors list certain employment openings with the employment service system.

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. The Secretary of Labor shall issue rules and regulations requiring each department and agency of the Executive Branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service laws. SEC. 2 (a). Those rules and regulations shall also require Government contracts, above a specified dollar amount and providing specified employment potential, to contain assurances that the contractor, and any subcontractor holding a contract directly under that contractor, shall, to the maximum extent feasible, list all of its suitable employment openings with the appropriate office of the State employment service system: Provided, That this section shall not be deemed to apply to openings which the employer proposes to fill from within such employer's agency or organization; and Provided further, That listing of employment openings with the employment service system pursuant to this Order shall involve only the normal obligations which attach to such listings. (b) The rules and regulations of the Secretary with respect to this section shall not be retroactive in effect. SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established under this Order and the extent to which the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor shall, from time to time, report to the President concerning his evaluation of the effectiveness of this Order along with his recommendations for further action which the Secretary believes to be appropriate. SEC. 4. Except as otherwise provided by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this Order, and to comply with rules, regulations, and orders of the Secretary. SEC. 5. Rules, regulations, and orders to implement section 1 shall be developed in consultation with the Civil Service Commission. Appropriate departments and agencies shall, in consultation with the Secretary of Labor, issue appropriate amendments or additions to procurement rules and regulations as may be necessary to carry out the purposes of this order. RICHARD NIXON The White House June 16, 1971

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 11,598 (June 16, 1971), https://executiveordersarchive.org/orders/app-executive-order-11598-provide-for-the-listing-certain-job-vacancies-federal-agencies-and.