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Executive Order 11813 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §3: Administrative Management & Civil Service

Executive Order 11813—Permitting Cooperative Education Students to be Given Career or Career-Conditional Appointments

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Monday, October 7, 1974
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2 min read (332 words)

Executive Brief • At a Glance

⏱️ 2 min read (332 words) • ● In Effect
🎯 Primary Mandate

Under this order, the appointment of a cooperative education student under Schedule B of the civil service rules may be converted noncompetitively to a career-conditional or career appointment if the student: (1) has completed within the preceding 90 days a cooperative education program that meets the provisions of this order; (2) has satisfied all requirements leading to the award of a bachelor's degree by the college or university in which the student completed his or her cooperative education curriculum; (3) is recommended for such appointment by the employing agency; and, (4) satisfies all other applicable requirements and conditions prescribed by the Civil Service Commission for career and career-conditional employment.

⚖️ 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 Gerald R. Ford on October 7, 1974, this order concerns Permitting Cooperative Education Students to be Given Career or Career-Conditional Appointments. As used in this order, "cooperative education" describes a program which provides for a formally arranged schedule of periods of attendance at an institution of higher learning combined with periods of study-related work in a Federal agency under a Schedule B appointment.

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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Under this order, the appointment of a cooperative education student under Schedule B of the civil service rules may be converted noncompetitively to a career-conditional or career appointment if the student: (1) has completed within the preceding 90 days a cooperative education program that meets the provisions of this order; (2) has satisfied all requirements leading to the award of a bachelor's degree by the college or university in which the student completed his or her cooperative education curriculum; (3) is recommended for such appointment by the employing agency; and, (4) satisfies all other applicable requirements and conditions prescribed by the Civil Service Commission for career and career-conditional employment.

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The Civil Service Commission shall prescribe such regulations as may be necessary to carry out the provisions of this order and to provide for the coordination of the planning, implementation, and evaluation of employment of cooperative education students throughout the Government.

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The regulations shall provide for the periodic evaluation of the work of each cooperative education student and shall require that continuation in the program be dependent upon a finding of satisfactory performance.

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Executive Order No. 11202 of March 5, 1965, iv hereby revoked.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
🏛️

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)
§

"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
332
2,164 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
19.9
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 by sections 1301 and 3301 of title 5 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. As used in this order, "cooperative education" describes a program which provides for a formally arranged schedule of periods of attendance at an institution of higher learning combined with periods of study-related work in a Federal agency under a Schedule B appointment. Together, the periods of work and study satisfy requirements for a bachelor's degree and provide experience necessary for a career or career-conditional appointment to an administrative, professional, or technical position in the Federal Government upon the student's graduation. SEC. 2. Under this order, the appointment of a cooperative education student under Schedule B of the civil service rules may be converted noncompetitively to a career-conditional or career appointment if the student: (1) has completed within the preceding 90 days a cooperative education program that meets the provisions of this order; (2) has satisfied all requirements leading to the award of a bachelor's degree by the college or university in which the student completed his or her cooperative education curriculum; (3) is recommended for such appointment by the employing agency; and, (4) satisfies all other applicable requirements and conditions prescribed by the Civil Service Commission for career and career-conditional employment. SEC. 3. The Civil Service Commission shall prescribe such regulations as may be necessary to carry out the provisions of this order and to provide for the coordination of the planning, implementation, and evaluation of employment of cooperative education students throughout the Government. The regulations shall provide for the periodic evaluation of the work of each cooperative education student and shall require that continuation in the program be dependent upon a finding of satisfactory performance. SEC. 4. Executive Order No. 11202 of March 5, 1965, iv hereby revoked. SEC. 5. This order shall become effective immediately. GERALD R. FORD The White House, October 7, 1974.

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Referenced By Later Executive Orders (1)

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

Jimmy Carter • 1977-10-26
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Scholarly & Legal Citations

Exec. Order No. 11,813 (Oct. 7, 1974), https://executiveordersarchive.org/orders/app-executive-order-11813-permitting-cooperative-education-students-be-given-career-or-career.