Executive Order 14343 explained · Executive Order · No disposition noted
Further Exclusions From the Federal Labor- Management Relations Program
Signed: 2025-08-28 Published: 2025-09-03 Federal Register document: 2025-16924
Agencies: Executive Office of the President
Federal Register notes (as of 2026-10-19): Amends: EO 12171, November 19, 1979 See: EO 14251, March 27, 2025
What Executive Order 14343 says
Federal Register, Volume 90 Issue 168 (Wednesday, September 3, 2025) [Federal Register Volume 90, Number 168 (Wednesday, September 3, 2025)] [Presidential Documents] [Pages 42683-42684] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-16924] Presidential Documents Federal Register / Vol. 90, No. 168 / Wednesday, September 3, 2025 / Presidential Documents [[Page 42683]] Executive Order 14343 of August 28, 2025 Further Exclusions From the Federal Labor- Management Relations Program By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103(b)(1) of title 5, United States Code, to enhance the national security of the United States, it is hereby ordered: Section 1. Determinations. The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations. Sec. 2. National Security Exclusions. Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) In section 1-408, adding at the end: ``(e) Units...
Opening of the official text; read it in full in the Federal Register.
Constitution Index
“VFA Constitution grade”
Minor constitutional concerns
Graded 2026-10-08
SI-generated grade · five published checks · not individually reviewed by a person · methodology
Constitutional management of the federal workforce under delegated authority. The President has Article II plus statutory power to make these exclusions, with no Bill of Rights violation or taking. Grade is B rather than A because labeling patent, weather, hydropower, and space agencies as primarily intelligence/national security stretches the statutory test and creates fixable tension with association interests.
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✓ Passes · Enumerated powers
President acts under Article II, Section 1 executive power and Article II, Section 2 authority as Chief Executive, plus express congressional delegation in 5 U.S.C. Section 7103(b)(1) which authorizes the President to exclude agencies with primary intelligence, counterintelligence, investigative, or national security functions. Managing federal labor-management relations is an executive function. … -
✓ Passes · Bill of Rights
No direct First Amendment violation. Federal employee collective bargaining under Chapter 71 of Title 5 is a statutory benefit, not a core constitutional right to speech, assembly, or petition. Employees retain First Amendment rights to speak, assemble, and petition under the First Amendment. Removal of exclusive union representation does not prohibit membership or expression, though it creates mi… -
✓ Passes · Individual sovereignty
Order restricts statutory union representation for specified federal employees but does not restrict private person, property, speech, labor, or belief of citizens generally. Federal employment is a voluntary public relationship subject to reasonable conditions. Employees may still join associations, speak, and petition. Government justification - national security efficiency under Article II - is… -
✓ Passes · Decentralization
(1) Individual/family cannot manage federal workforce labor relations. (2) Local/county cannot manage federal agencies like NASA or NOAA. (3) States cannot manage federal employment system. (4) Order does not consolidate upward beyond minimum necessary - it governs only internal federal executive personnel management already at federal level, citing Article II, Section 1 vesting of executive power… -
✓ Passes · Due process and takings
No deprivation of life, liberty, or property under the Fifth Amendment Due Process Clause and no taking without just compensation under the Fifth Amendment Takings Clause. Union representation rights for federal workers are statutory privileges under 5 U.S.C. Chapter 71, not vested property interests requiring notice and hearing. Order provides public notice via Federal Register, prospective appli…
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