Executive Order 10925

Executive Order 10925 was signed by President John F. Kennedy on March 6, 1961, requiring government contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." It established the President's Committee on Equal Employment Opportunity, which later became the Equal Employment Opportunity Commission (EEOC) in the Civil Rights Act of 1964.

Executive Order 10925 of President Kennedy was supplemented by President Johnson's Executive Order 11246 of September 24, 1965.

Substantiation of Presidential Measure

That means that he asked himself: Why does the United States of America need this measure? And here are his answers:

"WHEREAS discrimination because of race, creed, color, or national origin is contrary to the Constitutional principles and policies of the United States; ..."

Here, he is claiming that discrimination on the above-mentioned grounds is contrary to the Constitutional principles of the United States. What he means by the "Constitutional principles" is the rule of law which treats people its jurisdiction in an appropriate manner – according to status, needs etc.

On the other hand, I do not believe the president could have proved at that time that discrimination is contrary to the policies of the United States. It still does not seem to be the policy of the United States.

"WHEREAS it is the plain and positive obligation of the United States Government to promote and ensure equal opportunity for all qualified persons, without regard to race, creed, color, or national origin, employed or seeking employment with the Federal Government and on government contracts; ..."

Here, the president is claiming that the Constitution and its principles bind the state to practice not only "non-discrimination," but also anti-discrimination. The Constitution binds the state more than it binds private industry.

The question is: What must the state do in order to fulfill its constitutional obligations?

"WHEREAS it is the policy of the executive branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government; ..."

It is true that the Constitution does not bind private industry, but it does bind the federal government. Since it binds the federal government, it is obligated to argue in favor of anti-discrimination regarding employment practices of businesses.

"WHEREAS it is in the general interest and welfare of the United States to promote its economy, security, and national defense through the most efficient and effective utilization of all available manpower; and ..."

This last argument shows that Kennedy was just not interested in creating a new "social policy." Instead, he was bearing the entire national interest in mind.

Here, the president is claiming that it is in the general interest and welfare of the United States to promote

1. its economy,
2. its security and
3. its national defense

by utilizing its labor force in the most efficient and effective way possible. If this argument proves to be true, than one must conclude that discrimination is too "expensive" for the USA. It cannot afford discrimination if it wishes to maintain its national defense, its security and its economy.

Most people argue the other way around, but it is difficult to contradict the arguments of President Kennedy. New York City's liberal mayor, John Lindsay, who had a lot to do about fomenting peace among racial, linguistic and religious groups, spoke about "divisiveness."

The purpose of non-discrimination and/or anti-discrimination is to overcome divisiveness on a local as well as on a national level.

"WHEREAS a review and analysis of existing Executive orders, practices, and government agency procedures relating to government employment and compliance with existing non-discrimination contract provisions reveal an urgent need for expansion and strengthening of efforts to promote full equality of employment opportunity; ..."

This is the answer to the question: What obligations does the federal government have to fulfill in order to implement Constitutional principles?

External links

1. Full text of Executive Order 10925
2. Text of Executive Order 11246