The Supreme Court in
Mow Sun Wong, supra, 426 U.S. at 112-116, 96 S.Ct. at 1911, did not hold that the promulgation of
5 C.F.R. s 338.101 was per se beyond the delegated authority of the CSC.
It was noted by the Court that Congress had empowered the President to “prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of . . . (the federal civil) service.” Id. at 114 n.47,
96 S.Ct. at 1910, citing to
5 U.S.C. s 3301(1). Additionally, Congress had empowered the CSC, “subject to the rules prescribed by the President”, to “prescribe regulations for, (and) control, supervise, and preserve the records of, examinations for the competitive service.”
5 U.S.C. s 1302(a). Section 2.1(a) of
Executive Order No. 10577, previously issued by President Eisenhower, authorized the CSC to “establish standards with respect to citizenship” and other requirements “which applicants must meet to be admitted to or rated in (the competitive service) examinations.”
Executive Order No. 10577 s 2.1(a), 5 C.F.R. s 2.1(a) at 8 (1979), reprinted in
5 U.S.C. s 3301 at 373 (1976).
5 C.F.R. s 338.101 was promulgated by the CSC pursuant to that initial delegation from Congress to the President,
5 U.S.C. s 3301(1), and the second delegation from the President to the CSC,
5 U.S.C. s 1302(a) and
Executive Order No. 10577.