By virtue of the authority vested in me by section 3347 of title 5 and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. During any period when, by reason of absence, disability, or vacancy in office, either the Secretary of the Treasury or his Deputy Secretary is not available to exercise the powers or perform the duties of the office of Secretary, an officer from the Department of the Treasury appointed by the President-by and with the advice and consent of the Senate, in such order as the Secretary of the Treasury may from time to time prescribe-shall act as Secretary until the absence or the disability of the incumbent shall cease, or until a successor is appointed. If no such order of succession is in effect at that time, then such officers shall act as Secretary in the descending order of rank, as established by their offices being listed in sections 5314, 5315 or 5316 of title 5 of the United States Code and, at each level of the Executive Schedule, in the order which they shall have taken the oath as such officers. SECTION 2. Executive Order No. 11680 of August 21, 1972, entitled "Designation of Certain Officers to Act as Secretary of the Treasury" is hereby revoked. GERALD R. FORD The White House, December 10, 1974.
Executive Order 11822 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11822—Designation of Certain Officers To Act as Secretary of the Treasury
Executive Brief • At a Glance
⏱️ 1 min read (235 words) •
● Revoked
🎯 Primary Mandate
During any period when, by reason of absence, disability, or vacancy in office, either the Secretary of the Treasury or his Deputy Secretary is not available to exercise the powers or perform the duties of the office of Secretary, an officer from the Department of the Treasury appointed by the President-by and with the advice and consent of the Senate, in such order as the Secretary of the Treasury may from time to time prescribe-shall act as Secretary until the absence or the disability of the incumbent shall cease, or until a successor is appointed.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities
Legal Status & Amendment History
RevokedThis order is no longer in effect according to the Federal Register's executive order disposition tables.
Actions on this order
- Revoked by EO 13246
Source: Office of the Federal Register executive order disposition notes. Orders before 1994 show only actions recorded by later orders.
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 December 10, 1974, this order concerns Designation of Certain Officers To Act as Secretary of the Treasury. During any period when, by reason of absence, disability, or vacancy in office, either the Secretary of the Treasury or his Deputy Secretary is not available to exercise the powers or perform the duties of the office of Secretary, an officer from the Department of the Treasury appointed by the President-by and with the advice and consent of the Senate, in such order as the Secretary of the Treasury may from time to…
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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During any period when, by reason of absence, disability, or vacancy in office, either the Secretary of the Treasury or his Deputy Secretary is not available to exercise the powers or perform the duties of the office of Secretary, an officer from the Department of the Treasury appointed by the President-by and with the advice and consent of the Senate, in such order as the Secretary of the Treasury may from time to time prescribe-shall act as Secretary until the absence or the disability of the incumbent shall cease, or until a successor is appointed.
▪
If no such order of succession is in effect at that time, then such officers shall act as Secretary in the descending order of rank, as established by their offices being listed in sections 5314, 5315 or 5316 of title 5 of the United States Code and, at each level of the Executive Schedule, in the order which they shall have taken the oath as such officers.
▪
Executive Order No. 11680 of August 21, 1972, entitled "Designation of Certain Officers to Act as Secretary of the Treasury" is hereby revoked.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Executive Departments & Federal Civil Servants
🏛️ Financial Institutions & Monetary Authorities
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
🏛️✅ Zone 1 (Maximum Authority)
§
"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.
🛡️ High Constitutional Concordance
28 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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 in close harmony with statutory authority and standard Article II supervisory execution.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
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
235
1,320 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
18.8
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Revokes Executive Order 13246—Providing an Order of Succession Within the Department of the Treasury
George W. Bush • 2001-12-18
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11680 Aug 21, 1972
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11680—Designation of Certain Officers To Act as Secretary of the Treasury
📜 Art. I §8: Delegated Tariff & Commerce Execution
In case of the death, resignation, absence, or sickness of the Secretary of the Treasury and the Deputy Secretary of the Treasury, the following officers of the Treasury Department shall, in the order of the succession indicated, act as Secretary of the Treasury until a…
Richard Nixon College Level • 1m
EO 11823 Dec 12, 1974
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11823—Abolishing the National Commission for Industrial Peace
📜 Art. I §8: Delegated Tariff & Commerce Execution
The National Commission for Industrial Peace is hereby abolished and Executive Order No. 11710 of April 4, 1973, and Executive Order No. 11729 of July 12, 1973, are hereby revoked. SEC. 2.
Gerald R. Ford High School • 1m
EO 11821 Nov 27, 1974
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 11821—Inflation Impact Statements
📜 10th Amend: Intergovernmental Federalism Cooperation
Major proposals for legislation, and for the promulgation of regulations or rules by any executive branch agency must be accompanied by a statement which certifies that the inflationary impact of the proposal has been evaluated.
Gerald R. Ford Post-Graduate Legal • 2m
EO 11820 Nov 27, 1974
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11820—International Council on Archives-Bicentennial Year Meeting
📜 Art. II §1: Executive Discretion & Internal Operations
The Administrator of General Services is authorized, with respect to the meeting of the International Council on Archives to be held in Washington, D.C. in 1976, to perform the functions conferred by sections 102 (b) (8) and 104 (e) of the act. SEC. 2.
Gerald R. Ford High School • 1m
EO 11824 Dec 28, 1974
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11824—Exemption of Whitney Gillilland From Mandatory Retirement
📜 Art. II §1: Executive Discretion & Internal Operations
Whitney Gillilland, a member of the Civil Aeronautics Board, during the month of January, 1974, became subject to mandatory retirement for age under the provisions of section 8335 of title 5 of the United States Code unless exempted therefrom by Executive Order.
Gerald R. Ford High School • 1m
EO 11826 Dec 31, 1974
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11826—Exemption of Willard Deason From Mandatory Retirement
📜 Art. II §1: Executive Discretion & Internal Operations
Willard Deason, Commissioner of the Interstate Commerce Commission, will become subject to mandatory retirement for age during January of 1975 under the provisions of section 8335 of title 5 of the United States Code unless exempted by Executive order.
Gerald R. Ford College Level • 1m
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Scholarly & Legal Citations
Exec. Order No. 11,822 (Dec. 10, 1974), https://executiveordersarchive.org/orders/app-executive-order-11822-designation-certain-officers-act-secretary-the-treasury.
