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Executive Order 11112 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11112—Establishing the President's Advisory Council on the Arts

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Wednesday, June 12, 1963
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4 min read (747 words)

Executive Brief • At a Glance

⏱️ 4 min read (747 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the President's Advisory Council on the Arts (hereinafter referred to as the Council ).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President John F. Kennedy on June 12, 1963, this order concerns Establishing the President's Advisory Council on the Arts. Establishment of the Council. (a) There is hereby established the President's Advisory Council on the Arts (hereinafter referred to as the Council ). (b) The Council shall be composed of the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Postmaster General, the Secretary of the Interior, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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There is hereby established the President's Advisory Council on the Arts (hereinafter referred to as the Council ).

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The Council shall be composed of the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Postmaster General, the Secretary of the Interior, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home Finance Administrator, the Chairman of the Commission of Fine Arts, the Secretary of the Smithsonian Institution, the Director of the United States Information Agency, the Administrator of General Services, the President's Special Consultant on the Arts, and no more than thirty members appointed by the President from among persons in private life who are widely recognized for their role in the arts, including practicing artists, civic and cultural leaders, and others…

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Members from private life shall serve for terms of two years, except that the terms of members initially appointed shall be for one or two years as specified by the President.

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The Chairman shall also invite the Librarian of Congress to be a member of the Council.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
747
4,831 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
19.1
Post-Graduate Legal
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby established the President's Advisory Council on the Arts (hereinafter referred to as the Council ). (b) The Council shall be composed of the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Postmaster General, the Secretary of the Interior, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home Finance Administrator, the Chairman of the Commission of Fine Arts, the Secretary of the Smithsonian Institution, the Director of the United States Information Agency, the Administrator of General Services, the President's Special Consultant on the Arts, and no more than thirty members appointed by the President from among persons in private life who are widely recognized for their role in the arts, including practicing artists, civic and cultural leaders, and others professionally engaged in the arts. Members from private life shall serve for terms of two years, except that the terms of members initially appointed shall be for one or two years as specified by the President. The Chairman shall also invite the Librarian of Congress to be a member of the Council. (c) The President shall designate the Chairman of the Council. (d) Federal members of the Council shall receive no compensation for such service. Members appointed from private life shall receive compensation for each day engaged on business of the Council and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 55a; 5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (e) The Council shall meet at the call of the Chairman. SEC. 2. Functions and Responsibilities of the Council. (a) The Council shall: (1) Survey and assess the needs and prospects of the various arts throughout the United States, the means used to encourage creative activity and to afford opportunity for participation in and appreciation and enjoyment of the arts, and the relative roles of governmental and non-governmental institutions in relation to the arts; (2) Identify existing Federal legislation, policies and programs which directly or indirectly affect the arts, and evaluate their current and potential effects on the development of cultural opportunities and institutions and, except to the extent that responsibility may be vested by statute in other Federal advisory bodies, the character and quality of Federal activities in the field of the arts; (3) Submit reports and recommendations to the President on its own initiative or at the request of the President or the President's Special Consultant on the Arts; (4) Encourage and facilitate the most effective use of resources available for support and development of the arts by advising and consulting with Federal, State and local agencies, civic and community organizations, educational institutions, foundations, and other interested organizations and institutions; and (5) Promote and stimulate public understanding and recognition of the importance of the arts and cultural institutions to our national welfare and our international interests. (b) In carrying out its functions the Council shall, insofar as practicable, provide interested Government and non-governmental agencies and organizations and private citizens, including practicing artists and others professionally engaged in the arts, an opportunity to present their views and recommendations to the Council for its consideration. (c) For the purposes of this section the arts are defined to include music, drama, opera, dance, painting, sculpture, literature, architecture and such allied fields as urban and landscape design, photography, graphic arts, crafts, motion pictures, radio and television. SEC 3. Federal Agencies. (a) As deemed necessary to facilitate the work of the Council, the Chairman may request the head of any executive department or agency whose activities have significant implications for the arts to designate a liaison officer to consult with and advise the Council on matters of common concern. (b) Upon request of the Chairman each executive department and agency is authorized and directed, consistent with law, to furnish the Council available information which the Council may require in the performance of its functions. (c) Each Federal agency represented on the Council shall furnish such necessary assistance to the Council as may be authorized by section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). (d) The General Services Administration is hereby designated as the agency which shall provide administrative services for the Council on a reimbursable basis. JOHN F. KENNEDY

THE WHITE HOUSE, #signature

June 12, 1963

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 11,112 (June 12, 1963), https://executiveordersarchive.org/orders/app-executive-order-11112-establishing-the-presidents-advisory-council-the-arts.