8 of Civil Service Rule VI is amended by adding "and in the Department of Commerce" after "Department of the Interior".
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Gerald R. Ford on November 4, 1975, this order concerns Amending the Civil Service Rules to Except Certain Positions from the Career Service. Section 6.8 of Civil Service Rule VI is amended by adding "and in the Department of Commerce" after "Department of the Interior".
8 of Civil Service Rule VI is amended by adding "and in the Department of Commerce" after "Department of the Interior".
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.
Focuses on internal governmental operations with no direct impairment of private rights or property.
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,
8 of Civil Service Rule VI is amended by adding "and in the Department of Commerce" after "Department of the Interior". GERALD R. FORD The White House, November 4, 1975.
Other executive actions signed by Gerald R. Ford around this period.
Executive Order No. 8684 of February 14, 1941, as amended, is hereby revoked.
Gerald R. Ford The Trade Act of 1974 authorizes the establishment of a Generalized System of Preferences for eligible articles imported from beneficiary developing countries.
Gerald R. Ford Section 2 of Executive Order No. 11861 of May 21, 1975, as amended, placing certain positions in level V of the Executive Schedule, is further amended by deleting "(1) Principal Deputy Assistant Secretary of Defense (Comptroller), Department of Defense." and inserting in lieu…
Gerald R. Ford Section 2(h) of Executive Order No. 11832 of January 9, 1975, is hereby amended to read as follows: "The Commission shall, to the extent funds are available, continue its work through June 30, 1976, and shall submit a final report on its activities to the President within…
Gerald R. Ford The Coat of Arms of the Vice President of the United States shall be of the following design: SHIELD: Paleways of thirteen pieces argent and gules, a chief azure; upon the breast of an American eagle displayed holding in his dexter talon an olive branch proper and in his…
Gerald R. Ford Statutory Pay Systems. Pursuant to the provisions of subchapter I of chapter 53 of title 5 of the United States Code, the rates of basic pay and salaries are adjusted, as set forth at the schedules attached hereto and made a part hereof, for the following statutory pay systems…
Gerald R. Ford Exec. Order No. 11,887 (Nov. 4, 1975), https://executiveordersarchive.org/orders/app-executive-order-11887-amending-the-civil-service-rules-except-certain-positions-from-the.
