Restoring Common Sense to Federal Office Space Management

Enumerated powers · passes

The President acts within Article II, Section 1 executive power and Article II, Section 3 duty to take care that the laws be faithfully executed, managing subordinate executive departments and agencies. Regulation of federal property is further supported by Article IV, Section 3, Clause 2 and by the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 101 et seq. Revoking prior executive orders and directing the Administrator of General Services to amend regulations is a lawful exercise of superintendence over the executive branch, not a claim of new legislative power under Article I, Section 8.

Bill of Rights · passes

No provision restricts speech, religion, press, assembly, petition under First Amendment, arms under Second Amendment, or imposes searches, seizures, self-incrimination, or trial deprivations. Revoking office-location preferences and directing GSA to amend 41 C.F.R. Parts 102-79 and 102-83 regulates only internal federal real-estate siting. It creates no enforceable right against private parties per Sec. 3(c) and therefore infringes no right protected by Amendments 1-10.

Individual liberty · passes

The order restricts no private person in use of person, property, speech, labor, or belief. It directs only executive departments, agencies, GSA, and the Office of Management and Budget on federal office-space selection. Private owners remain free to lease or not lease to the Government, and no mandate, prohibition, or penalty is imposed on citizens. No compelling-justification analysis is therefore required.

Decentralization · passes

This is internal Federal Government housekeeping: siting of federal offices owned or leased under 40 U.S.C. 101 et seq. Individuals, counties, and states cannot site federal executive facilities; that function is inherently federal under Article IV, Section 3, Clause 2. The order does not consolidate upward: it revokes prior central-business-district and historic-property mandates from EO 12072 and EO 13006 and returns discretion to individual agencies to select cost-effective facilities, moving decision-making downward within the executive branch, consistent with the Tenth Amendment reservation.

Due process and takings · passes

No person is deprived of life, liberty, or property. No hearing, notice, or criminal presumption under Fifth Amendment Due Process Clause or Fourteenth Amendment Section 1 is triggered. No private property is taken for public use, so no just-compensation analysis under the Fifth Amendment Takings Clause applies. Sec. 3(b) expressly requires implementation consistent with applicable law and appropriations.