Understanding Federal Holidays and Presidential Powers

Many are curious about the role of the President in declaring federal holidays. This article clarifies whether a President needs to issue a proclamation for recognized holidays, and what would happen if they fail to do so, using the example of Martin Luther King Jr. Day.

Does the President Need to Proclaim Federal Holidays?

The recent signing of a proclamation by President Trump was indeed unnecessary, and it stands out as the most shameless piece of political propaganda in my 64 years of observation. However, it's important to understand the legal basis behind holidays in the United States.

After the passage of the Civil Rights Act in 1968, which included a provision for a federal holiday to honor Martin Luther King Jr., subsequent legislation in 1994 made his birthday, January 15, a legal federal holiday in the United States. Since then, there's been no requirement for the President to issue a specific proclamation to declare this day a holiday. The same principle applies to other federal holidays.

The Role of Proclamation

According to the United States Code, Title 5, Section 6103, federal holidays are designated by Congress and are enforced by the federal government for its offices, institutions, and employees. However, it's crucial to know that non-federal government entities can choose to observe such holidays or not, based on their own policies and decisions.

For instance, a president can make a proclamation to recognize (any) holiday, such as your cat's birthday, if it pleases them to do so. However, this is not a legal requirement but a symbolic gesture. The power to create new holidays is vested in Congress, not the president.

Consequences of Non-Proclamation

If President Trump were to fail to proclaim a holiday such as Martin Luther King Jr. Day, the previous year's practice would still be in effect. There is no immediate, legal consequence for the President failing to issue a proclamation. Federal entities would still observe the holiday as designated by the original act passed by Congress.

The suggestion that the US Marshals would be sent to the Oval Office with an enforcement order to issue a proclamation is simply an absurdity. The US Marshals are tasked with federal law enforcement and have no authority to issue such commands. It’s more an idiosyncratic political comment than a realistic scenario.

Conclusion

While it's the President's prerogative to issue a proclamation recognizing federal holidays, it is far from a legally binding requirement. The (enforcement) of holidays is the responsibility of Congress and the federal government, not the President. The recent attention to this matter highlights the intricacies of the U.S. governmental system and the shifting dynamics of political power, but ultimately, the principle remains that federal holidays are mandated by Congress, not the President.