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Executive Orders Historical Archive
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Executive Order 14085 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.44) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 14085—Expanding Eligibility for Certain Military Decorations and Awards

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Monday, October 3, 2022
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6 min read (1,161 words)
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87 Fed. Reg. 60541

Executive Brief • At a Glance

⏱️ 6 min read (1,161 words) • ● In Effect
🎯 Primary Mandate

The second paragraph is amended— (i) by amending the first sentence to read as follows: "The Air Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and, under such regulations as the Secretaries of the military departments may prescribe, may be awarded by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or by such commanding officers of the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard as the said Secretaries may respectively designate."; and (ii) in the second sentence, by striking "his jurisdiction" and inserting…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Executive Departments & Federal Civil Servants

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Joseph R. Biden, Jr. on October 3, 2022, this order concerns Expanding Eligibility for Certain Military Decorations and Awards. The following Executive Orders are amended as follows: Section 1 . Amendments to Executive Order 9158 . Executive Order 9158 of May 11, 1942 (Air Medal), as amended by Executive Order 9242-A of September 11, 1942 (Amending Executive Order No. 9158 of May 11, 1942, to Provide that the Air Medal May Be Awarded to Persons Serving with the Army, Navy, Marine Corps, or Coast Guard of the United States), is further…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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The second paragraph is amended— (i) by amending the first sentence to read as follows: "The Air Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and, under such regulations as the Secretaries of the military departments may prescribe, may be awarded by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or by such commanding officers of the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard as the said Secretaries may respectively designate."; and (ii) in the second sentence, by striking "his jurisdiction" and inserting…

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The following new paragraph is added at the end of the Executive Order: "The regulations of the Secretaries of the military departments concerned with respect to the award of the Air Medal shall, so far as practicable, be uniform and shall be subject to the approval of the Secretary of Defense.".

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants
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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 1 (Maximum Authority)
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"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

"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.

Hamiltonian Stance: Strong Prerogative Support
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
46 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

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%).
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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
1,161
7,095 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
18.5
Post-Graduate Legal
Language Tone Score
+0.44
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States by the Constitution and the laws of the United States of America, the following Executive Orders are amended as follows:

Section 1 . #sec-1

Amendments to Executive Order 9158 . Executive Order 9158 of May 11, 1942 (Air Medal), as amended by Executive Order 9242-A of September 11, 1942 (Amending Executive Order No. 9158 of May 11, 1942, to Provide that the Air Medal May Be Awarded to Persons Serving with the Army, Navy, Marine Corps, or Coast Guard of the United States), is further amended as follows: (a) The first paragraph is amended— (i) by striking "Army and Navy" and inserting in lieu thereof "Armed Forces"; (ii) by striking "any person" and inserting in lieu thereof "those individuals"; (iii) by inserting "Air Force, Space Force," after "Marine Corps,"; and (iv) by striking "distinguishes, or has distinguished, himself" and inserting in lieu thereof "distinguish, or have distinguished, themselves". (b) The second paragraph is amended— (i) by amending the first sentence to read as follows: "The Air Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of Defense and, under such regulations as the Secretaries of the military departments may prescribe, may be awarded by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or by such commanding officers of the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard as the said Secretaries may respectively designate."; and (ii) in the second sentence, by striking "his jurisdiction" and inserting in lieu thereof "the jurisdiction of the Navy". (c) The following new paragraph is added at the end of the Executive Order: "The regulations of the Secretaries of the military departments concerned with respect to the award of the Air Medal shall, so far as practicable, be uniform and shall be subject to the approval of the Secretary of Defense.".

Sec. 2 . #sec-2

Amendments to Executive Order 8809 . Executive Order 8809 of June 28, 1941 (Good Conduct Medal), as amended by Executive Order 9323 of March 31, 1943 (Amendment of Executive Order No. 8809 of June 28, 1941, Establishing the Good Conduct Medal), and Executive Order 10444 of April 10, 1953 (Amendment of Executive Order No. 8809 of June 28, 1941, Establishing the Good Conduct Medal, As Amended by Executive Order No. 9323 of March 31, 1943), is further amended— (a) by striking "men" and inserting in lieu thereof "members"; (b) by inserting "and on or after December 20, 2019, in the case of the United States Space Force," after "August 27, 1940,"; (c) by inserting "and on or after December 20, 2019, in the case of the United States Space Force," after "December 7, 1941,"; and (d) by inserting ", and on or after December 20, 2019, in the case of the United States Space Force" after "June 27, 1950".

Sec. 3 . #sec-3

Amendments to Executive Order 10694 . Paragraph 1 of Executive Order 10694 of January 10, 1957 (Authorizing the Secretaries of the Army, Navy, and Air Force to Issue Citations in the Name of the President of the United States to Military and Naval Units for Outstanding Performance in Action), is amended by inserting ", and on or after December 20, 2019, in the case of the Space Force" after "or the Air Force".

Sec. 4 . #sec-4

Amendments to Executive Order 11046 . Paragraph 1 of Executive Order 11046 of August 24, 1962 (Authorizing Award of the Bronze Star Medal), is amended— (a) by striking "Transportation" and inserting in lieu thereof "Homeland Security"; (b) by striking "any person" and inserting in lieu thereof "those individuals"; (c) by inserting "Space Force," after "Air Force,"; and (d) by striking "distinguishes, or has distinguished, himself" and inserting in lieu thereof "distinguish, or have distinguished, themselves".

Sec. 5 . #sec-5

Amendments to Executive Order 13830 . Executive Order 13830 of April 20, 2018 (Delegation of Authority to Approve Certain Military Decorations), is amended as follows: (a) The paragraph preceding section 1 is amended— (i) by striking "3742, 3743, 3746, 3749, 3750, 6242, 6243, 6244, 6245, 6246, 8742, 8743, 8746, 8749, and 8750" and inserting in lieu thereof "7272, 7273, 7276, 7279, 7280, 8292, 8293, 8294, 8295, 8296, 9272, 9273, 9276, 9279, 9280, and 9280a"; and (ii) by striking "491a, 492, 492a, 492b, and 493" and inserting in lieu thereof "2735, 2736, 2737, 2738, and 2739". (b) Section 1 is amended— (i) by striking "any person" and inserting in lieu thereof "those individuals"; (ii) by inserting "Space Force," after "Air Force,"; and (iii) by striking "distinguishes himself or herself" and inserting in lieu thereof "distinguish themselves". (c) Section 2 is amended— (i) by striking "any person" and inserting in lieu thereof "those individuals"; (ii) by inserting "Space Force," after "Air Force,"; and (iii) by striking "distinguishes himself or herself" and inserting in lieu thereof "distinguish themselves". (d) Section 3 is amended by inserting "Space Force," after "Air Force,". (e) Section 4 is amended— (i) in paragraph (a)— (A) by striking "any member" and inserting in lieu thereof "members"; and (B) by striking "has distinguished himself or herself" and inserting in lieu thereof "distinguish themselves"; and (ii) in paragraph (c), by striking "his". (f) Section 5(a) is amended— (i) by striking "any eligible person" and inserting in lieu thereof "eligible persons"; and (ii) by striking "distinguishes himself or herself" and inserting in lieu thereof "distinguish themselves". (g) Section 6(a) is amended— (i) by striking "any person" and inserting in lieu thereof "those individuals"; and (ii) by striking "distinguishes himself or herself" and inserting in lieu thereof "distinguish themselves".

Sec. 6 . #sec-6

Amendments to Executive Order 11545 . Executive Order 11545 of July 9, 1970 (Establishing the Defense Distinguished Service Medal), is amended as follows: (a) Section 1 is amended by striking "military officer" and inserting in lieu thereof "member of the Armed Forces of the United States". (b) Section 2 is amended by striking "he" and inserting in lieu thereof "the Secretary".

Sec. 7 . #sec-7

General Provisions . (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. JOSEPH R. BIDEN JR. The White House, October 3, 2022.

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Scholarly & Legal Citations

Exec. Order No. 14,085, 87 Fed. Reg. 60,541 (Oct. 3, 2022).