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Executive Orders Historical Archive
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Executive Order 14356 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.52) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Ensuring Continued Accountability in Federal Hiring

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Wednesday, October 15, 2025
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6 min read (1,193 words)
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90 Fed. Reg. 48387

Executive Brief • At a Glance

⏱️ 6 min read (1,193 words) • ● In Effect
🎯 Primary Mandate

No Federal civilian position that is vacant may be filled, and no new position may be created, except as provided for in this order or required by applicable law.

⚖️ 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 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 Donald Trump on October 15, 2025, this order concerns Ensuring Continued Accountability in Federal Hiring. In just 8 months, my Administration has dramatically reduced the size of the Federal workforce, improving the efficient delivery of Government services while prioritizing hiring in national security, immigration enforcement, public safety, and other roles that further my Administration's priorities and benefit American taxpayers.

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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Policies and Procedures to Govern Federal Hiring

No Federal civilian position that is vacant may be filled, and no new position may be created, except as provided for in this order or required by applicable law.

▪
Exceptions

This order does not apply to: (i) the Executive Office of the President or the components thereof; (ii) non-career positions requiring Presidential appointment or Senate confirmation; (iii) non-career positions in the Senior Executive Service; (iv) Schedule C or Schedule G positions in the excepted service; (v) military personnel of the Armed Forces; (vi) positions related to immigration enforcement, national security, or public safety; or (vii) appointment of officials through temporary organization hiring authority pursuant to section 3161 of title 5, United States Code.

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Report

Within 180 days of the date of this order, the Director of OMB and the Director of OPM shall submit a joint report to the President, through the Assistant to the President for Domestic Policy, regarding implementation of this order, including a recommendation as to whether any of its provisions should be modified or terminated.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
🏛️

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)
§

"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
📐

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%).
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
1,193
7,648 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
17.8
Post-Graduate Legal
Language Tone Score
+0.52
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Executive Order 14356 of October 15, 2025 Ensuring Continued Accountability in Federal Hiring By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1 . #sec-1

Background. In just 8 months, my Administration has dramatically reduced the size of the Federal workforce, improving the efficient delivery of Government services while prioritizing hiring in national security, immigration enforcement, public safety, and other roles that further my Administration's priorities and benefit American taxpayers. The results of this approach have surpassed the ratio of four departures for each new hire set forth in Executive Order 14210 of February 11, 2025 (Implementing the President's “Department of Government Efficiency” Workforce Optimization Initiative). To protect and expand upon these historic improvements, and to ensure that the Federal Government is optimally staffed to meet critical mission needs and implement the agenda that the American people elected me to pursue, Federal hiring shall be subject to the following policies and procedures going forward.

Sec. 2 . #sec-2

Policies and Procedures to Govern Federal Hiring. No Federal civilian position that is vacant may be filled, and no new position may be created, except as provided for in this order or required by applicable law. Except as set forth in section 3 of this order, this policy applies to all executive departments and agencies (agencies) regardless of their sources of operational or programmatic funding. (a) Compliance with the Merit Hiring Plan. Any Federal hiring shall be consistent with the Merit Hiring Plan issued by the Assistant to the President for Domestic Policy and the Director of the Office of Personnel Management (OPM) on May 29, 2025, pursuant to Executive Order 14170 of January 20, 2025 (Reforming the Federal Hiring Process and Restoring Merit to Government Service). (b) Strategic Hiring Committees. Within 30 days of the date of this order, each agency head shall establish a Strategic Hiring Committee to approve the creation or filling, as applicable, of each vacancy within their agency. The Strategic Hiring Committee shall include the deputy agency head and the chief of staff to the agency head, along with such other senior officials as the agency head may designate. The Strategic Hiring Committee shall ensure that agency hiring is consistent with the national interest, agency needs, and the priorities of my Administration. Agency Strategic Hiring Committees shall provide written notice of approved hires to OPM following the approval of such hires. (c) Annual Staffing Plans and Quarterly Updates. (i) Within 60 days of the date of this order, each agency shall prepare an Annual Staffing Plan, in coordination with OPM and the Office of Management and Budget (OMB), to ensure that new career appointments in the upcoming fiscal year are in the highest-need areas and aligned with the priorities of my Administration. Agencies shall submit final Annual Staffing Plans to OPM and OMB. In these plans, agencies shall seek to improve operational efficiency; eliminate duplicative or unnecessary functions and positions; reduce unnecessary or low-value contractor positions; promote employee accountability; enhance delivery of essential services; appropriately prioritize hiring for national security, homeland

FR Page 48388

security, and public safety positions; and implement the recruitment initiatives described in the Merit Hiring Plan. Going forward, agencies shall prepare, in coordination with OPM and OMB, Annual Staffing Plans to implement at the start of each new fiscal year. (ii) Agencies shall comply with the Annual Staffing Plans throughout the fiscal year, but agencies may update their plans during the course of the year based on enactment of relevant appropriations or authorizing legislation, or otherwise amend their plans in coordination with OPM and OMB. (iii) Agencies shall submit updates to OPM and OMB at the beginning of each quarter, beginning with the second quarter of the 2026 fiscal year, showing progress in implementing their Annual Staffing Plans.

Sec. 3 . #sec-3

Exceptions. (a) This order does not apply to: (i) the Executive Office of the President or the components thereof; (ii) non-career positions requiring Presidential appointment or Senate confirmation; (iii) non-career positions in the Senior Executive Service; (iv) Schedule C or Schedule G positions in the excepted service; (v) military personnel of the Armed Forces; (vi) positions related to immigration enforcement, national security, or public safety; or (vii) appointment of officials through temporary organization hiring authority pursuant to section 3161 of title 5, United States Code. (b) This order does not limit or prohibit the appointment or hiring of any other non-career employees or officials if approved by an agency head appointed by the President or another official appointed by the President. (c) This order does not limit or prohibit any appointment or hiring specifically approved by the head of an executive department, as defined in 5 U.S.C. 101 . OPM may also authorize the head of an independent establishment, as defined in 5 U.S.C. 104 , to use this exception. (d) This order does not limit or prohibit the hiring of personnel where such a limit or prohibition would conflict with applicable law. (e) The Director of OPM may grant appropriate exemptions from this order. Exemptions previously granted by OPM under the Presidential Memoranda of January 20, 2025 (Hiring Freeze), and July 7, 2025 (Ensuring Accountability and Prioritizing Public Safety in Federal Hiring), shall remain in effect unless withdrawn by OPM.

Sec. 4 . #sec-4

Report. Within 180 days of the date of this order, the Director of OMB and the Director of OPM shall submit a joint report to the President, through the Assistant to the President for Domestic Policy, regarding implementation of this order, including a recommendation as to whether any of its provisions should be modified or terminated.

Sec. 5 . #sec-5

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 OMB 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) Contracting outside the Federal Government to circumvent the intent of this order is prohibited. (d) This order does not prohibit making reallocations or reassignments to meet the highest priority needs; maintain essential services; and protect national security, homeland security, and public safety.

FR Page 48389

(e) This order shall not adversely impact the provision of Social Security, Medicare, or veterans' benefits. (f) 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. (g) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby. (h) The costs for publication of this order shall be borne by OPM.

THE WHITE HOUSE, #signature

October 15, 2025.

🏛️Official NARA Filing:FR Doc. 2025-19614 Filed 10-17-25; 11:15 am
Billing Codes: 6325-38-P
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Scholarly & Legal Citations

Exec. Order No. 14,356, 90 Fed. Reg. 48,387 (Oct. 15, 2025).