Executive Order 12105 Constitutional Neutral (+0.02)

Executive Order 12105—Garnishment of Moneys Payable to Employees of Executive Agencies and the District of Columbia

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Tuesday, December 19, 1978

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2 min read (354 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President Jimmy Carter on 1978-12-19, establishes federal administrative policy concerning "Garnishment of Moneys Payable to Employees of Executive Agencies and the District of Columbia." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ The United States Civil Service Commission, in consultation with the Attorney General, the Secretary of Defense with respect to members of the armed forces, and the Mayor of the District of Columbia with respect to employees of the Government thereof, is authorized to promulgate regulations for the uniform implementation of Section 459 of the Social Security Act, as amended (42 U.S.C.

▪ The regulations promulgated by the United States Civil Service Commission pursuant to this Order shall: (a) Be applicable to the Executive branch of the Government as defined in Section 461 (a) (1) of the Act (42 U.S.G.

▪ 11881 of October 3, 1975 is revoked.

▪ 11881 of October 3, 1975 shall remain in effect until modified, superseded or revoked by the United States Civil Service Commission pursuant to this Order.

Constitutional & Societal Entities Impacted

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

Total Words

354

2,167 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

12.5

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 12105, Jimmy Carter (Dec 19, 1978). Available at https://executiveordersarchive.org/orders/app-executive-order-12105-garnishment-moneys-payable-employees-executive-agencies-and-the.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by Section 461(a)(1) of the Social Security Act, as added by Section 501 (c) of the Tax Reduction and Simplification Act of 1977 (Public Law 95-30, 91 Stat. 158, 42 U.S.C. 661(a)(1)), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, in order to provide for the enforcement of legal obligations to provide child support or make alimony payments incurred by employees of the Executive branch, it is hereby ordered as follows: 1-1. Delegation of Authority. 1-101. The United States Civil Service Commission, in consultation with the Attorney General, the Secretary of Defense with respect to members of the armed forces, and the Mayor of the District of Columbia with respect to employees of the Government thereof, is authorized to promulgate regulations for the uniform implementation of Section 459 of the Social Security Act, as amended (42 U.S.C. 659), hereinafter referred to as the Act. 1-102. The regulations promulgated by the United States Civil Service Commission pursuant to this Order shall: (a) Be applicable to the Executive branch of the Government as defined in Section 461 (a) (1) of the Act (42 U.S.G. 661 (a)(1)). (b) Require the appropriate officials of the Executive branch of the Government to take the actions prescribed by Sections 461(b) (1), 461(b)(3) (A) and 461 (c) of the Act (42 U.S.C. 661 (b) (1), 661(b) (3) (A) and 661(c)). (c) Require the appropriate officials of the Executive branch of the Government to issue such rules, regulations and directives as are necessary to implement the regulations of the United States Civil Service Commission. 1-2. Revocations. 1-201. Executive Order No. 11881 of October 3, 1975 is revoked. 1-202. All regulations, directives, or actions taken by the United States Civil Service Commission pursuant to Executive Order No. 11881 of October 3, 1975 shall remain in effect until modified, superseded or revoked by the United States Civil Service Commission pursuant to this Order. JIMMY CARTER The White House, December 19, 1978. [Filed with the Office of the Federal Register, 10:52 a.m., December 20, 1978]