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Executive Order 11136 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11136—Establishing the President's Committee on Consumer Interests and the Consumer Advisory Council

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Friday, January 3, 1964
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5 min read (971 words)

Executive Brief • At a Glance

⏱️ 5 min read (971 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the Consumer Advisory Council (hereinafter referred to as the Council), which shall consist of the private citizens appointed by the President as members of the Committee.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Private Citizens & Property Owners Public Health & Medical Institutions

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 Establishing the President's Committee on Consumer Interests and the Consumer Advisory Council. There is hereby established the President's Committee on Consumer Interests (hereinafter referred to as the "Committee"). (b) The Committee shall be composed of representatives of the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home Finance Administrator, the…

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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Establishment of the Consumer Advisory Council

There is hereby established the Consumer Advisory Council (hereinafter referred to as the Council), which shall consist of the private citizens appointed by the President as members of the Committee.

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Functions of the Committee, the Federal members, and the Council

The Committee shall from time to time consider (1) the Federal policies and programs of primary importance to consumers or the unmet consumer needs which can appropriately be met through Federal action, either under existing laws or new legislation; (2) the aspects of Federal policies, programs, and operations concerning which the views of consumers should be available to Federal officials; (3) the means by which necessary liaison may be established between the Consumer Advisory Council and consumer organizations to enable the Council to perform its functions under subsection (c), below; and (4) the manner in which consumer views can be communicated to appropriate Federal departments and agencies.

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Federal agencies

Upon request of the Chairman of the Committee, the heads of Federal agencies shall so far as practicable provide the Committee with information and reports relating to matters within the cognizance of the Committee.

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Compensation and per diem

For each day any person appointed from private life as a member of the Committee is engaged in meetings, or is with the approval of the Chairman of the Committee engaged in other work in pursuance of this order, such person shall receive compensation at a rate determined by the Chairman of the Committee 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.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

Policy Areas & Topics

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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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
46 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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

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
971
6,281 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
20.1
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS all individuals in our society, as consumers, are significantly affected by Federal economic policies and by Federal programs to promote the welfare of consumers and to protect their interests in the marketplace; and WHEREAS individual consumers and consumer organizations face unusual problems in attempting to assure that the views and needs of consumers receive full consideration by Federal officials who administer policies and programs affecting consumer interests; and WHEREAS the Federal Government, serving all the people, has a special obligation to be alert to consumer needs and to advance the interest of consumers by all appropriate means, including arrangements to enable representatives of consumers to be heard in the development and administration of Federal policies and programs:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me as President of the United States, it is ordered as follows:

Section 1. #sec-1

Establishment of Committee. (a) There is hereby established the President's Committee on Consumer Interests (hereinafter referred to as the "Committee"). (b) The Committee shall be composed of representatives of the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home Finance Administrator, the Chairman of the Federal Trade Commission, and the Chairman of the Council of Economic Advisers; such other Government officials or employees as the President may designate; and such private citizens especially qualified to represent consumer interests as the President may appoint. Each Federal agency head named herein shall designate one person, who shall be an assistant secretary or official of comparable rank, to represent him on the Committee. (c) The Chairman of the Committee shall be designated by the President from among the Federal members to serve for such term as the President may determine. The Chairman shall direct and supervise any staff employed by or detailed to the Committee. (d) The Chairman shall invite the heads of Federal agencies not represented on the Committee to designate representatives (who shall be assistant secretaries or officials of comparable rank) to participate as ad hoc members of the Committee when matters affecting the responsibilities of their respective agencies are to be considered by the Committee.

Sec. 2. #sec-2

Establishment of the Consumer Advisory Council. (a) There is hereby established the Consumer Advisory Council (hereinafter referred to as the Council), which shall consist of the private citizens appointed by the President as members of the Committee. The President shall designate the Chairman of the Council from among its members. (b) The Chairman of the Committee shall be responsible for assuring that the meetings and other activities of the Council are carried out in accordance with the relevant provisions of Executive Order 11007 of February 26, 1962, and for prescribing such additional regulations with respect to the affairs of the Council as may be necessary.

Sec. 3. #sec-3

Functions of the Committee, the Federal members, and the Council. (a) The Committee shall from time to time consider (1) the Federal policies and programs of primary importance to consumers or the unmet consumer needs which can appropriately be met through Federal action, either under existing laws or new legislation; (2) the aspects of Federal policies, programs, and operations concerning which the views of consumers should be available to Federal officials; (3) the means by which necessary liaison may be established between the Consumer Advisory Council and consumer organizations to enable the Council to perform its functions under subsection (c), below; and (4) the manner in which consumer views can be communicated to appropriate Federal departments and agencies. (b) The Federal agency heads enumerated in section 1(b), collectively or individually, as appropriate, (1) shall seek the advice of the Committee or the Council on matters affecting consumers, and similarly receive recommendations made on the initiative of the Committee or the Council; (2) shall be responsible for considering recommendations made by the Committee or the Council; and (3) shall take such action as is deemed to be in the general public interest, including making recommendations to the President on matters requiring action by him or by the Congress. (c) The Council shall advise the Government on issues of broad economic policy of immediate concern to consumers, on governmental programs to meet consumer needs or to protect consumer interests, and on needed improvements in the flow of consumer research material to the public. The Council may arrange through the Chairman of the Committee for fact-finding studies to enable the Council to carry out its responsibilities. In carrying out its functions the Council shall, insofar as practicable, provide interested organizations and individuals an opportunity to present their views and recommendations to the Council for its consideration.

Sec. 4. #sec-4

Federal agencies. (a) Upon request of the Chairman of the Committee, the heads of Federal agencies shall so far as practicable provide the Committee with information and reports relating to matters within the cognizance of the Committee. (b) Each Federal agency represented on the Committee shall furnish necessary assistance to the Committee in accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). (c) The General Services Administration is hereby designated as the agency which shall provide administrative services for the Committee on a reimbursable basis.

Sec. 5. #sec-5

Compensation and per diem. For each day any person appointed from private life as a member of the Committee is engaged in meetings, or is with the approval of the Chairman of the Committee engaged in other work in pursuance of this order, such person shall receive compensation at a rate determined by the Chairman of the Committee 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. LYNDON B. JOHNSON The White House, January 3, 1964.

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Referenced By Later Executive Orders (3)

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

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Scholarly & Legal Citations

Exec. Order No. 11,136 (Jan. 3, 1964), https://executiveordersarchive.org/orders/app-executive-order-11136-establishing-the-presidents-committee-consumer-interests-and-the.