By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. All Executive departments, independent establishments, and other governmental agencies, including their field services, except as provided by Section 2 below, shall be closed, and employees thereof shall be excused from duty, on Friday, December 26, 1975, the day following Christmas Day. SEC. 2. Section 1 of this Order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, or other departments, independent establishments, and governmental agencies which the heads thereof determine should remain open for reasons of national security or defense or other public reasons, nor to employees thereof who in the judgment of their agency heads should be at their posts of duty for these reasons. SEC. 3. Friday, December 26, 1975, shall be considered as falling within the scope of Executive Order No. 11582 and of 5 U.S.C. 5546 and 6103(b) and other similar statutes so far as they relate to the pay and leave of employees of the United States. GERALD R. FORD The White House, December 15, 1975.
Executive Order 11891—Providing for the Closing of Government Departments and Agencies on Friday, December 26, 1975
Executive Brief • At a Glance
All Executive departments, independent establishments, and other governmental agencies, including their field services, except as provided by Section 2 below, shall be closed, and employees thereof shall be excused from duty, on Friday, December 26, 1975, the day following Christmas Day.
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 15, 1975, this order concerns Providing for the Closing of Government Departments and Agencies on Friday, December 26, 1975. All Executive departments, independent establishments, and other governmental agencies, including their field services, except as provided by Section 2 below, shall be closed, and employees thereof shall be excused from duty, on Friday, December 26, 1975, the day following Christmas Day. SEC. 2.
Key Directives & Operative Actions
All Executive departments, independent establishments, and other governmental agencies, including their field services, except as provided by Section 2 below, shall be closed, and employees thereof shall be excused from duty, on Friday, December 26, 1975, the day following Christmas Day.
Of this Order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, or other departments, independent establishments, and governmental agencies which the heads thereof determine should remain open for reasons of national security or defense or other public reasons, nor to employees thereof who in the judgment of their agency heads should be at their posts of duty for these reasons.
Friday, December 26, 1975, shall be considered as falling within the scope of Executive Order No. 11582 and of 5 U.S.C. 5546 and 6103(b) and other similar statutes so far as they relate to the pay and leave of employees of the United States.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
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.
Scholarly & Legal Citations
Exec. Order No. 11,891 (Dec. 15, 1975), https://executiveordersarchive.org/orders/app-executive-order-11891-providing-for-the-closing-government-departments-and-agencies-friday.