Executive Order 12122 Constitutional Neutral (+0.02)

Executive Order 12122—Office of Administration

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Monday, February 26, 1979

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1 min read (299 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 1979-02-26, establishes federal administrative policy concerning "Office of Administration." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪ 12028 of December 12, 1977, is amended to read as follows: "Sec.

▪ The provisions of other laws regulating the employment or compensation of persons in the Government service shall continue to apply to such employee.

▪ "(d) The Director shall not be accountable for the program and management responsibilities of units within the Executive Office of the President; the head of each unit shall remain responsible for those functions.".

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Total Words

299

1,778 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

15.1

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 12122, Jimmy Carter (Feb 26, 1979). Available at https://executiveordersarchive.org/orders/app-executive-order-12122-office-administration.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 107(b) of Title 3 of the United States Code, in order to provide limited employment authority for the Office of Administration, it is hereby ordered that Section 4 of Executive Order No. 12028 of December 12, 1977, is amended to read as follows: "Sec. 4. (a) Subject to such direction or approval as the President may provide or require, the Director shall organize the Office of Administration, contract for supplies and services, and do all other things that the President, as head of the Office of Administration, might do. "(b) The Director is designated to perform the functions of the President under Section 107(b) of Title 3 of the United States Code. "(c) The Director may appoint and fix the pay of employees pursuant to the provisions of Section 107(b) (1) (A) of Title 3 of the United States Code without regard to any other provision of law regulating the employment or compensation of persons in the Government service. Under that section the Director may also fix the pay of an employee serving in a competitive position or in the career service in order to avoid the pay limitation imposed by Section 114 of Title 3 of the United States Code. The provisions of other laws regulating the employment or compensation of persons in the Government service shall continue to apply to such employee. "(d) The Director shall not be accountable for the program and management responsibilities of units within the Executive Office of the President; the head of each unit shall remain responsible for those functions.". JIMMY CARTER The White House, February 26, 1979. [Filed with the Office of the Federal Register, 5:09 p.m., February 26, 1979]