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Executive Order 11135 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 11135—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the Eastern, Western and Southeastern Carriers' Conference Committee, and Certain of Their Employees

Lyndon B. Johnson Lyndon B. Johnson
•
Friday, January 3, 1964
•
4 min read (855 words)

Executive Brief • At a Glance

⏱️ 4 min read (855 words) • ● In Effect
🎯 Primary Mandate

I hereby create a board of three members, to be appointed by me, to investigate these disputes.

View all 3 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Lyndon B. Johnson on January 3, 1964, this order concerns Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the Eastern, Western and Southeastern Carriers' Conference Committee, and Certain of Their Employees. I hereby create a board of three members, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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I hereby create a board of three members, to be appointed by me, to investigate these disputes.

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The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order.

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As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees, or by their employees, in the conditions out of which the disputes arose.

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Policy Areas & Topics

🏷️ Infrastructure & Transportation 🏷️ Labor & Employment
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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 2 (Zone of Twilight)
§

"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Defends Vigor & Dispatch
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
30 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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
855
5,876 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
19.7
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS disputes exist between the carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees, designated in List A attached hereto and made a part hereof, and certain of their employees represented by the Brotherhood of Railroad Signalmen, a labor organization; and WHEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS these disputes, in the judgment of the National Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive the country of essential transportation service:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a board of three members, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the Eastern, Western and Southeastern Carriers' Conference Committees, or by their employees, in the conditions out of which the disputes arose. LYNDON B. JOHNSON The White House, January 3, 1964. List A EASTERN RAILROADS Akron, Canton & Youngstown Railroad Ann Arbor Railroad Company Baltimore & Ohio Railroad Company B. & O. Chicago Terminal Railroad Company Staten Island Rapid Transit Railway Company Bangor & Aroostook Railroad Bessemer & Lake Erie Railroad Company Boston & Maine Railroad Canadian National Railways (New England States) Canadian Pacific Railway Company (Maine and Vermont) Central R.R. Company of New Jersey New York & Long Branch Railroad Central Vermont Railway, Inc. Cincinnati Union Terminal Company Dayton Union Railway Company Delaware & Hudson Railroad Corporation Detroit & Toledo Shore Line Railroad Company Detroit Terminal Railroad Company Detroit, Toledo & Ironton Railroad Company Erie-Lackawanna Railroad Company Grand Trunk Western Railroad Company Indianapolis Union Railway Company Lehigh & Hudson River Railway Company Lehigh Valley Railroad Company Long Island Rail Road Company Maine Central Railroad Company Portland Terminal Company Monon Railroad Company Monongahela Railway Company New York Central System New York District (Inc. Grand Central Terminal) (Lines East) Eastern District (Including B. & A. Division) (Lines East) Western District (Lines West) Cleveland Union Terminals Co. Northern District (Michigan Central) Southern District (C.C.C. & St. L.) Indiana Harbor Belt Railroad Company Troy Union R.R. Company New York, Chicago & St. Louis Railroad Company New York, New Haven & Hartford Railroad Company Boston Terminal Company New York, Susquehanna & Western Railroad Company Pennsylvania Railroad Company Pennsylvania-Reading Seashore Lines Pittsburgh & West Virginia Railway Company Port Authority Trans-Hudson Corporation Reading Company Washington Terminal Company Western Maryland Railway Company WESTERN RAILROADS Alton & Southern Railroad Atchison, Topeka & Santa Fe Railway Gulf, Colorado & Santa Fe Railway Panhandle & Santa Fe Railway Belt Railway Company of Chicago Chicago & Eastern Illinois Railroad Chicago & Illinois Midland Railway Chicago & North Western Railway Company (Inc. C. St. P. M. & O.) Chicago & Western Indiana Railroad Chicago, Burlington & Quincy Railroad Chicago Great Western Railway Chicago, Milwaukee, St. Paul & Pacific Railroad Chicago, Rock Island & Pacific Railroad Colorado & Southern Railway Denver & Rio Grande Western Railroad Denver Union Terminal Railway Elgin, Joliet & Eastern Railway Ft. Worth & Denver Railway Galveston, Houston & Henderson Railroad Great Northern Railway Green Bay & Western Railroad Kewaunee, Green Bay & Western Railroad Houston Belt & Terminal Railway Illinois Central Railroad Paducah & Illinois Railroad Joint Texas Division of C.R.I.&P. Railroad and Ft.W.&D. Ry. Kansas City Southern Railway Louisiana & Arkansas Railway Kansas City Terminal Railway Missouri-Kansas-Texas Railroad Company Missouri Pacific Railroad Southern & Western Districts Gulf District Union Railway (Memphis) Northern Pacific Railway Pacific Electric Railway Peoria & Pekin Union Railway St. Louis-San Francisco Railway St. Louis, San Francisco & Texas Railway St Louis Southwestern Railway Soo Line Railroad Southern Pacific Company (Pacific Lines) Southern Pacific Company—Texas and Louisiana Lines (T. & N.O.) Spokane, Portland & Seattle Railway Oregon Electric Railway Oregon Trunk Railway Terminal Railroad Association of St. Louis Texas & Pacific Railway Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans Toledo, Peoria & Western Railroad Union Pacific Railroad Union Terminal Company (Dallas) Wabash Railroad Western Pacific Railroad SOUTHEASTERN RAILROADS Atlanta & West Point R.R. Company Western Railway of Alabama Atlantic Coast Line Railroad Birmingham Terminal Company Chattanooga Station Company Central of Georgia Railway Company Chesapeake & Ohio Railway Company Clinchfleld Rail Road Company Florida East Coast Railway Georgia Railroad Gulf, Mobile & Ohio Railroad Company Jacksonville Terminal Company Kentucky & Indiana Terminal Railroad Eouisville & Nashville Railroad Norfolk & Western Railway Company Richmond, Fredericksburg & Potomac Railroad Company Seaboard Air Line Railroad Southern Railway Alabama Great Southern Cincinnati, New Orleans & Texas Pacific Georgia Southern & Florida Harriman & Northeastern New Orleans & Northeastern New Orleans Terminal Company St. Johns River Terminal Company

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Scholarly & Legal Citations 

Exec. Order No. 11,135 (Jan. 3, 1964), https://executiveordersarchive.org/orders/app-executive-order-11135-creating-emergency-board-investigate-disputes-between-the-carriers.