11 of Civil Service Rule IX is amended by adding "and the Small Business Administration" after "Environmental Protection Agency."
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Gerald R. Ford on May 7, 1975, this order concerns Amending the Civil Service Rules to Except Certain Positions From the Career Service. Section 9.11 of Civil Service Rule IX is amended by adding "and the Small Business Administration" after "Environmental Protection Agency."
11 of Civil Service Rule IX is amended by adding "and the Small Business Administration" after "Environmental Protection Agency."
Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"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."
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.
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.
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.
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Directs internal executive branch machinery, agency workflows, and federal personnel.
Engages state and local partners in cooperative federalism programs.
Applies regulatory or compliance standards to private contractors or commercial entities.
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
By virtue of the authority vested in me by the Constitution of the United States of America and Sections 3301 and 3302 of Title 5 of the United States Code, and as President of the United States of America,
11 of Civil Service Rule IX is amended by adding "and the Small Business Administration" after "Environmental Protection Agency." GERALD R. FORD The White House, May 7, 1975.
Other executive actions signed by Gerald R. Ford around this period.
Any income, estate, or gift tax return for the years 1955 to 1975, inclusive, shall, subject to the conditions imposed herein, during the Ninety-fourth Congress, be open to inspection by the Senate Committee on Government Operations or any duly authorized subcommittee thereof…
Gerald R. Ford There is hereby established the Committee on Foreign Investment in the United States (hereinafter referred to as the Committee). The Committee shall be composed of a representative, whose status is not below that of an Assistant Secretary, designated by each of the following…
Gerald R. Ford Of Executive Order No. 11803 of September 16, 1974, is hereby amended as follows: By adding the following at the end of the last sentence, "The President may appoint such additional members to the board as he shall from time to time determine to be necessary to carry out its…
Gerald R. Ford Section 2 of Executive Order No. 11814 of October 11, 1974, as amended, is hereby amended to read as follows: SEC. 2. The Council shall consist of the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the…
Gerald R. Ford Since the arrival of the first settlers on our eastern seaboard nearly 400 years ago, America has been a refuge for victims of persecution, intolerance and privation from around the world.
Gerald R. Ford I hereby waive the application of subsections (a) and (b) of section 402 of said Act with respect to the Socialist Republic of Romania.
Gerald R. Ford Exec. Order No. 11,856 (May 7, 1975), https://executiveordersarchive.org/orders/app-executive-order-11856-amending-the-civil-service-rules-except-certain-positions-from-the.
