Constitution Index · Executive Order 14368 · 2025-12-18
Adjustments of Certain Rates of Pay
Latest official status (2026-10-19): no_disposition_noted
Constitutional grade
A
Constitutional
Routine annual federal pay adjustment under existing statutes. Within presidential and congressional authority, infringes no rights, restricts no private conduct, and takes no property.
Article II, Section 1 Article II, Section 3 Article I, Section 8, Clause 18 Amendment I Amendment II Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment X
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
President acts under express statutory delegations (5 U.S.C. 5303, 5304a, 5382, 5372; 37 U.S.C. 1009) and Article II, Section 1 vesting of executive power plus Article II, Section 3 duty to take care that laws be executed. Congress authorized pay adjustments under Article I, Section 8, Clause 18 Necessary and Proper Clause in support of raising armies, navy, and federal departments. No extra-constitutional authority claimed.
Bill of Rights · passes
No speech, religion, assembly, press, arms, search, trial, jury, or other Bill of Rights interest is implicated. Adjusts compensation for existing federal employees and officers. No restriction under First Amendment, Second Amendment, Fourth Amendment, Fifth Amendment self-incrimination, Sixth Amendment, Seventh Amendment, or Eighth Amendment.
Individual liberty · passes
Imposes no restriction on private person, property, speech, labor, or belief. Governs only compensation of federal officers and employees. No private conduct regulated and no justification burden triggered.
Decentralization · passes
Paying federal personnel is inherently federal. Individuals, counties, and states cannot set General Schedule, military pay, or judicial salaries. Order does not transfer any state or local function upward; it administers existing federal workforce under Tenth Amendment.
Due process and takings · passes
No deprivation of life, liberty, or property. No seizure, no criminal process, no taking under Fifth Amendment. Order prospectively sets pay rates with notice via Federal Register and stated effective dates, satisfying procedural due process under Fifth Amendment.
Provenance
- Federal Register: Executive Order 14368 · fetched 2026-10-03 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #29 | 2026-10-08 | vfa-constitutional-grade/1.0 | caf49efaa954 | current |
Cite this
Values for America. “Constitutional grade: Executive Order 14368, Adjustments of Certain Rates of Pay.” VFA Constitution Index, grade 29 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/29. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/29
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