By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Sections 3301 and 3302 of Title 5 of the United States Code, and as President of the United States of America, Civil Service Rule VII (5 CFR Part 7) is hereby amended by adding thereto the following new section: "SECTION 7.4 Citizenship . "(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States. "(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States. "(c) The Commission may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments." GERALD R. FORD The White House, September 2, 1976.
Executive Order 11935 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29)
📜 Art. II §3: Administrative Management & Civil Service
Executive Order 11935—Citizenship Requirements for Federal Employment
Executive Brief • At a Glance
⏱️ 1 min read (161 words) •
● In Effect
🎯 Primary Mandate
"(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 September 2, 1976, this order concerns Citizenship Requirements for Federal Employment. By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Sections 3301 and 3302 of Title 5 of the United States Code, and as President of the United States of America, Civil Service Rule VII (5 CFR Part 7) is hereby amended by adding thereto the following new section: "SECTION 7.4 Citizenship .
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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"(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
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"(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.
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"(c) The Commission may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments."
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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
"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: 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.
⚖️ Discretionary Twilight Zone
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
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
Moderate Friction
Due Process & Individual Rights
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
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 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%).
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
161
942 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
17.1
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.
Donald J. Trump (1st Term) • 2020-08-03
Related Executive Orders
Other executive actions signed by Gerald R. Ford around this period.
EO 11934 Aug 30, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11934—Amending the Generalized System of Preferences
📜 Art. I §8: Delegated Tariff & Commerce Execution
In order to subdivide existing items for purposes of the Generalized System of Preferences, the Tariff Schedules of the United States (TSUS) are modified as provided in Annex I, attached hereto and made a part hereof. SEC. 2.
Gerald R. Ford College Level • 3m
EO 11936 Sep 8, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11936—The President's Commission on Olympic Sports
📜 Art. II §1: Executive Discretion & Internal Operations
Section 4(c) of Executive Order No. 11868 of June 19, 1975, is hereby amended to read as follows: "Sec. 4(c) The second report shall be an analysis of the organizational and developmental problems in each Olympic sport.
Gerald R. Ford High School • 1m
EO 11937 Sep 10, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11937—Relating to Appointments to the Quetico-Superior Committee
📜 5th Amend: Regulatory Execution with Due Process
Executive Order No. 11342 of April 10, 1967, is hereby amended as follows: SECTION 1. Section 2(b) is amended by deleting "Two" and inserting "Five" in lieu thereof. SEC. 2. Section 4(a) is amended to read as follows: "SEC. 4. Terms; compensation.
Gerald R. Ford College Level • 1m
EO 11933 Aug 25, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11933—Termination of the Federal Energy Office
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11930 of July 30, 1976, which established the Federal Energy Office, is, consistent with the Federal Energy Administration Act Amendments of 1976 (Title I of Public Law 94-385), hereby revoked as of the date of its issuance. SEC. 2.
Gerald R. Ford Post-Graduate Legal • 1m
EO 11938 Sep 29, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11938—Relating to Adjustment of Cost of Living Allowances and Post Differentials
📜 5th Amend: Regulatory Execution with Due Process
Executive Order No. 10000 of September 16, 1948, as amended, is further amended by revising Section 210 to read as follows: "SEC. 210. Periodic review.
Gerald R. Ford Post-Graduate Legal • 1m
EO 11940 Sep 30, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11940—Continuing the Regulation of Exports
📜 Art. II §1: Executive Discretion & Internal Operations
Notwithstanding the expiration of the Export Administration Act of 1969, as amended (50 U.S.C. App. 2401-2413), the provisions for administration of that act contained in Executive Order No. 11533 of June 4, 1970, as continued in effect by Executive Orders Nos. 11683 of August…
Gerald R. Ford College Level • 3m
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Scholarly & Legal Citations
Exec. Order No. 11,935 (Sept. 2, 1976), https://executiveordersarchive.org/orders/app-executive-order-11935-citizenship-requirements-for-federal-employment.
