Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 5, 2018

Overview

Intent and Purpose

Executive Order 13852, issued on December 1, 2018, by President Donald Trump, mandated the closure of all executive departments and federal agencies on December 5, 2018, as a mark of respect for George Herbert Walker Bush, the forty-first President of the United States, following his death. The order functions primarily as a symbolic gesture, expressing national mourning and honoring the former president's contributions to American history. Such closures align with historical traditions, allowing government workers and the public an opportunity to participate in remembrance activities and pay their respects.

Scope of the Order

This Executive Order ensures that the day is observed as a public holiday for federal employees. It provides clear direction that this day should fall within the legal scope of public holidays as defined by prior statutes and executive orders concerning the pay and leave of federal employees. Specifically, it invokes Executive Order 11582, 5 U.S.C. 5546, and 6103(b) to ensure compensation for federal workers during this closure. The action reflects a common historical practice of granting federal employees a day off in recognition of national moments of significance or mourning.

Implementation and Exceptions

However, the Executive Order delegates authority to heads of federal departments and agencies to determine if certain offices must remain operational for reasons of national security, defense, or other public needs. This delegation ensures that critical functions of the federal government remain uninterrupted, reflecting a pragmatic approach to governance. The order also directs the Director of the Office of Personnel Management to facilitate its execution, affirming the role of this body in managing federal human resources practices.

Contextual Significance

Such an Executive Order is indicative of a broader practice of demonstrating institutional respect and national solidarity during the passing of former presidents. This practice underscores the non-partisan nature of mourning and remembrance within the context of American governance, transcending political divides. The order aims to unify the nation in reflection on public service and leadership, rooted in the symbolism of presidential legacy and national identity.

Historical Precedent

Historically, closures of this nature accompany the deaths of prominent national figures, providing context for national mourning. In doing so, they recognize the office of the presidency and its historical significance while also considering the need for certain operational continuity within the government. This dual focus embodies both memorial respect and administrative responsibility, which are central to the order's structure and execution.

Legal and Policy Implications

Constitutional Authority

The legal foundation for Executive Order 13852 rests upon the president’s constitutional authority to issue such directives, supported by both Article II of the U.S. Constitution and the legal precedents embedded in federal law regarding public holidays. This order exemplifies the discretion afforded to the executive branch in managing federal operations and employee relations under circumstances of national commemoration.

Interplay with Existing Statutes

The Executive Order specifically aligns with existing statutory provisions concerning federal employee leave and compensation. By referencing 5 U.S.C. 5546 and 6103(b), the order ensures federal employees are duly compensated despite the closure, maintaining continuity with established employment law practices. This alignment mitigates any potential disputes regarding employee rights or managerial policies.

Policy Considerations

From a policy perspective, Executive Order 13852 presents no substantial alterations to existing regulations but reinforces the president's role in guiding national sentiment and federal employee welfare during significant national events. The order reflects policy continuity rather than change, upholding precedents regarding how the federal government acknowledges periods of national mourning.

Potential for Expanded Precedent

While the order itself does not amend or revoke previous orders, it stands within a recognized framework of presidential actions used in similar situations. Future applications of this framework may broaden its relevance, albeit not altering its fundamental legal basis. The policy implications thus remain consistent with tradition rather than innovation.

Implications for Federal Operations

The delegation to department heads to keep critical offices open underlines the policy’s adaptability in preserving essential federal functions. Such stipulations highlight the tension between symbolic gestures like national mourning and practical demands of federal operations, balancing ceremonial respect with functional needs.

Who Benefits

Federal Employees

The most direct beneficiaries of Executive Order 13852 are federal employees, who received an additional day off with pay. This benefit both recognizes their contributions as public servants and aligns with their rights under federal employment statutes. It offers them the opportunity for personal reflection or participation in public ceremonies honoring former President George H.W. Bush.

Ceremonial Participants

The order further aids those involved in organizing and participating in memorial events, such as government officials, veterans, and civic organizations tasked with public remembrance. These groups gain a supportive framework for their activities, underpinned by the federal closure, enhancing the significance and solemnity of planned events.

American Public

Broadly, the American public benefits from the unified commemoration and reflection that such a governmental closure fosters. Although the order pertains primarily to federal employees, its impact resonates nationally, symbolizing collective respect for presidential legacy and facilitating an environment conducive to public remembrance.

Economists and Historians

Economists and historians might also find value in this order as a reference point for analyzing state-led commemorations. It provides material for understanding the intersection of public policy, historical remembrance, and national identity, linking to broader themes in American sociopolitical culture.

Legal Scholars

Legal scholars benefit from observing the order's execution within the bounds of constitutional authority and federal law. Its straightforward yet impactful nature presents a case study in presidential powers related to ceremonial designations, illustrating practical applications of executive discretion.

Who Suffers

Essential Services Personnel

While most federal employees benefit from the additional holiday, those required to work due to essential services mandates may feel disadvantaged. Personnel in critical roles, such as those in national defense or emergency services, are exceptions to the closure, balancing altruistic obligations with personal freedoms.

Economic Disruptions

Economic activity reliant on federal services may experience temporary disruptions due to the closure. Businesses that depend on federal processing or oversight could encounter delays, leading to operational inefficiencies, particularly in industries heavily regulated by government agencies, such as aerospace or finance.

Interdependent Agencies

State and local agencies interdependent with federal counterparts also face challenges. The one-day closure might necessitate adjustments in coordination and planning, given that some functions stalled at the federal level could impact local operations, altering continuity in service delivery.

Public Dependents on Services

The public relying on specific federal services may experience slight inconveniences during the closure, aligning with cases of previously scheduled activities or appointments. Even minor delays might hold significance for individuals awaiting time-sensitive services.

International Observers

International entities engaged in diplomatic or regulatory exchanges with the U.S. might face brief communication gaps or postponements due to the closure. Although such impacts are typically minor, they reflect the broader implications of U.S. governmental operations on global affairs.

Historical Context

Tradition of Mourning Closures

Historically, the closure of federal offices in honor of deceased presidents reflects a long-standing tradition. This practice positions Executive Order 13852 within a lineage of respect and tribute, drawing parallels to prior instances where national bereavement necessitated similar executive actions.

Ripple Effect of Presidential Legacy

The order underscores President Trump's alignment with customary presidential tributes, asserting continuity beyond partisan lines. It illustrates an adherence to institutional respect for predecessors, emphasizing common appreciation for service under the mantle of the presidency.

Broader Executive Governance Philosophy

This directive also mirrors President Trump’s broader governance philosophy that periodically employed executive orders to address immediate societal needs or ceremonial gestures. Such orders, while not groundbreaking, delineate executive intent and priorities, embodying political norms surrounding leadership remembrance.

Historical Evolution

The historical evolution of national mourning policies corroborates with growing public engagement in state-led ceremonial practices. The order exemplifies an executive commitment to this cultural evolution, reflecting simultaneous inferences of honor and unity among Americans.

Presence in Historical Narratives

Furthermore, the order plays into the larger narrative of how the government observes national events. Its issuance and execution contribute to historical records, establishing precedence for future administrations grappling with the intersection of national sympathy and operational continuity.

Potential Controversies or Challenges

Legal Questions on Scope

While no significant legal challenges directly arose from Executive Order 13852, potential controversies could emerge around its scope. Questions might pertain to the discretion afforded to department heads, particularly concerning determinations on essential services during national mourning.

Operational Implications

Challenges could also have surfaced regarding operational consistency across federal departments, especially if interpretations of necessary services varied. Uneven application might have led to internal disputes regarding what constituted critical operations during the closure.

Public Perception of Imbalance

Public perception could play a role in any controversy surrounding the order, especially if the closure led to significant disruptions in public-facing services. In such cases, discord might arise over balancing national respect and individual accessibility to government functions.

Constitutional Authority Concerns

Concerns might be raised regarding the constitutional authority exercised by the president in unilaterally determining national holiday observances. While historically sanctioned, scholastic debate could explore the nuances of this executive power, examining its limits and possibilities.

Congressional Oversight

Potential congressional scrutiny might focus on the extent and rationale of invoking executive orders to designate federal holidays, measuring them against legislative intent for such public commemorations. This level of oversight would underline the importance of maintaining clear delineations between branches of governance.