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Executive Order 12043 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §3: Administrative Management & Civil Service

Executive Order 12043—Civil Service Rules

Jimmy Carter Jimmy Carter
•
Tuesday, March 7, 1978
•
1 min read (270 words)

Executive Brief • At a Glance

⏱️ 1 min read (270 words) • ● In Effect
🎯 Primary Mandate

1 of Civil Service Rule VI (5 CFR 6.1) is amended by deleting the third sentence in subsection (a) thereof and by adding a new subsection (c) as follows: "(c) Notice of the Commission's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the FEDERAL REGISTER." SEC. 2.

View all 4 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §3: Administrative Management & Civil Service
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Jimmy Carter on March 7, 1978, this order concerns Civil Service Rules. Section 6.1 of Civil Service Rule VI (5 CFR 6.1) is amended by deleting the third sentence in subsection (a) thereof and by adding a new subsection (c) as follows: "(c) Notice of the Commission's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the FEDERAL REGISTER." SEC. 2.

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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1 of Civil Service Rule VI (5 CFR 6.1) is amended by deleting the third sentence in subsection (a) thereof and by adding a new subsection (c) as follows: "(c) Notice of the Commission's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the FEDERAL REGISTER." SEC. 2.

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6 of the Civil Service Rule VI (5 CFR 6.6) is amended by deleting the second sentence thereof and substituting "Notice of the Commission's decision making these changes shall be published in the FEDERAL REGISTER.".

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6 of the .Civil Service Rule IX (5 CFR 9.6) is amended by adding a new subsection (c) as follows: "(c) The Commission shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Limited Executive Assignment.".

▪

20 of Civil Service Rule IX (5 CFR 9.20) is amended by adding a new subsection (f) as follows: "(f) The Commission shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Noncareer Executive Assignment."

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants

Policy Areas & Topics

🏷️ Government Operations & Civil Service
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
§

"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

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.

Madisonian Stance: Vigilant / Cautionary
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: Defends Vigor & Dispatch
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
43 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Low Friction

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

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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%).
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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
270
1,594 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
12
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
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Official Archival Text

View Source Document
📑Sections Outline (4 sections)
Sec. 6Sec. 6Sec. 9Sec. 9

AMENDING THE CIVIL SERVICE RULES REGARDING NOTICE OF EXEMPTIONS FROM THE COMPETITIVE SERVICE 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, it is hereby ordered as follows: SECTION 1.

Section 6. #sec-6

1 of Civil Service Rule VI (5 CFR 6.1) is amended by deleting the third sentence in subsection (a) thereof and by adding a new subsection (c) as follows: "(c) Notice of the Commission's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the FEDERAL REGISTER." SEC. 2.

Section 6. #sec-6-2

6 of the Civil Service Rule VI (5 CFR 6.6) is amended by deleting the second sentence thereof and substituting "Notice of the Commission's decision making these changes shall be published in the FEDERAL REGISTER.". SEC. 3.

Section 9. #sec-9

6 of the .Civil Service Rule IX (5 CFR 9.6) is amended by adding a new subsection (c) as follows: "(c) The Commission shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Limited Executive Assignment.". SEC. 4.

Section 9. #sec-9-2

20 of Civil Service Rule IX (5 CFR 9.20) is amended by adding a new subsection (f) as follows: "(f) The Commission shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Noncareer Executive Assignment." JIMMY CARTER The White House, March 7, 1978. [Filed with the Office of the Federal Register, 1:02 p.m., March 13, 1978]

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Scholarly & Legal Citations 

Exec. Order No. 12,043 (Mar. 7, 1978), https://executiveordersarchive.org/orders/app-executive-order-12043-civil-service-rules.