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Executive Order 11182 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.58) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11182—Establishing Federal Development Planning Committees for Alaska

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Friday, October 2, 1964
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10 min read (2,033 words)

Executive Brief • At a Glance

⏱️ 10 min read (2,033 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the Federal Field Committee for Development Planning in Alaska (hereinafter referred to as the "Field Committee").

⚖️ 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 Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

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 October 2, 1964, this order concerns Establishing Federal Development Planning Committees for Alaska. Committee Section 1. Establishment of Field Committee. (a) There is hereby established the Federal Field Committee for Development Planning in Alaska (hereinafter referred to as the "Field Committee"). (b) The Field Committee shall be composed of the following members: (1) a Chairman, who shall be appointed by the President, (2) nine members who shall be designated by and represent the following named officers…

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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Establishment of Field Committee

There is hereby established the Federal Field Committee for Development Planning in Alaska (hereinafter referred to as the "Field Committee").

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Functions of the Field Committee

Subject to the general direction and guidance of the President's Review Committee for Development Planning in Alaska (established by the provisions of Part II of this order; hereinafter sometimes referred to as the "Review Committee"), the Field Committee shall serve as the principal instrumentality for developing coordinated plans for Federal programs which contribute to economic and resources development in Alaska and for recommending appropriate action by the Federal Government to carry out such plans.

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Field Committee procedures

The Field Committee shall meet at the call of its Chairman.

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Personnel; compensation

The Chairman of the Field Committee is authorized to appoint such personnel as may be necessary to assist the Field Committee in connection with the performance of its functions and to obtain services in accordance with the provisions of Section 15 of the Act of August 2, 1946 (5 U.S.C. 55a).

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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)
§

"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
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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
2,033
12,745 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
19
Post-Graduate Legal
Language Tone Score
+0.58
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

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WHEREAS the Federal Reconstruction and Development Planning Commission for Alaska has substantially completed the execution of those of its functions which pertain to the reconstruction of the State of Alaska following the earthquake of March 27, 1964; and WHEREAS the Federal Government and the State of Alaska continue to have a common interest in assuring the most effective use of Federal and State programs and funds in advancing the long-range progress of the State; and WHEREAS such effective use is dependent upon coordination of Federal and State programs which affect the general economic development of the State and the long-range conservation and use of its natural resources and upon cooperative Federal and State effort with respect to the planning of such programs; and WHEREAS the State of Alaska has established a State body the duties of which include planning for the general economic development of the State and the long-range conservation and use of its natural resources; and WHEREAS the authorities of the State of Alaska are desirous of arranging coordinated and cooperative Federal and State approaches to the planning and execution of such programs:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me as President of the United States, it is ordered as follows: Part I. Field Committee

Section 1. #sec-1

Establishment of Field Committee. (a) There is hereby established the Federal Field Committee for Development Planning in Alaska (hereinafter referred to as the "Field Committee"). (b) The Field Committee shall be composed of the following members: (1) a Chairman, who shall be appointed by the President, (2) nine members who shall be designated by and represent the following named officers, respectively: the Secretary of Defense, 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 Administrator of the Federal Aviation Agency, and the Administrator of the Small Business Administration, (3) one member who shall represent the Federal Power Commission and shall be designated by the Chairman of that Commission, and (4) two public members who shall be appointed by the President. (c) The Chairman may request any head of a Federal agency who is not referred to in subsection (b), above, to designate a representative to participate in meetings of the Field Committee concerned with matters of substantial interest to such Federal agency head. (d) The principal place of business of the Field Committee shall be located in the State of Alaska.

Sec. 2. #sec-2

Functions of the Field Committee. (a) Subject to the general direction and guidance of the President's Review Committee for Development Planning in Alaska (established by the provisions of Part II of this order; hereinafter sometimes referred to as the "Review Committee"), the Field Committee shall serve as the principal instrumentality for developing coordinated plans for Federal programs which contribute to economic and resources development in Alaska and for recommending appropriate action by the Federal Government to carry out such plans. (b) The Field Committee shall cooperate with representatives designated by the Governor of Alaska for purposes related to this order in accomplishing the following: (1) Making or fostering surveys and studies to provide data for the development of plans and programs for economic and resources development in Alaska. (2) Preparing and keeping current coordinated plans for economic and resources development in Alaska deemed appropriate to carry out existing statutory responsibilities and policies of Federal, State, or local agencies. Such plans shall be designed to promote optimum benefits from the expenditures of Federal, State, and local funds for consistent objectives and purposes. (3) Preparing legislative and other recommendations with respect to both short-range and long-range programs and projects for Federal, State, or local agencies.

Sec. 3. #sec-3

Field Committee procedures. (a) The Field Committee shall meet at the call of its Chairman. (b) The Field Committee may prescribe such regulations relating to the conduct of its affairs as it may deem to be necessary and not inconsistent with the provisions of this order. (c) The Field Committee may establish such subcommittees of that Committee as may be necessary. (d) Activities carried on by personnel employed by or detailed to the Field Committee (1) shall be carried out in accordance with such policies and programs as may be approved by the Field Committee, and (2) shall be under the direction and supervision of the Chairman or, to such extent as may be determined by the Chairman, under the direction of a principal member of the Field Committee's staff. (e) The Field Committee shall transmit copies of plans or recommendations tentatively formulated by it to the Review Committee, the heads of interested Federal agencies, and the Governor of Alaska, for review and comment. The Field Committee shall consider any comments received by it within 90 days in pursuance of such transmittal and may revise the plans and recommendations as it may deem appropriate. (f) The Field Committee shall transmit copies of its revised plans and recommendations, together with copies of any comments with respect to the tentative plans or recommendations received by the Field Committee in pursuance of the provisions of subsection (d), above, to the Governor of Alaska and to the Review Committee.

Sec. 4. #sec-4

Personnel; compensation. (a) The Chairman of the Field Committee is authorized to appoint such personnel as may be necessary to assist the Field Committee in connection with the performance of its functions and to obtain services in accordance with the provisions of Section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). (b) The Chairman of the Field Committee shall receive such compensation as shall be fixed in accordance with the standards and procedures of the Classification Act of 1949, as amended. (c) Each member of the Field Committee appointed under the provisions of Section 1(b)(4) hereof may receive compensation for each day he is engaged in meetings of that Committee or is with the approval of the Chairman of the Field Committee engaged in other work in pursuance of the provisions of this order (5 U.S.C. 55a). (d) Members and personnel of the Field Committee may be allowed travel expenses and per diem in lieu of subsistence as authorized by law.

Sec. 5. #sec-5

Financing agency cooperation. (a) Each Federal agency the head of which is referred to in Section 1(b) of this order shall, as may be necessary, furnish assistance to the Field Committee in accordance with the provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691). In general, each such Federal agency shall, consonant with law, extend its cooperation to the Field Committee in connection with the carrying out of the functions of the Field Committee, including, as may be appropriate, (1) the furnishing of relevant available information to the Field Committee, (2) the making of studies and the preparation of reports in pursuance of requests of the Field Committee, and (3) in connection with the development of programs and priorities of the agency, the giving of full consideration to any plans and recommendations made by the Field Committee. (b) Federal agencies the heads of which are not referred to in Section 1 (b) of this order shall, to the extent permitted by law, furnish the Field Committee such information or advice bearing upon the work of the Field Committee as the Chairman thereof may from time to time request. Part II. Review Committee

Sec. 11. #sec-11

Establishment of Review Committee. (a) There is hereby established the President's Review Committee for Development Planning in Alaska (hereinafter referred to as the "Review Committee"). (b) The Review Committee shall be composed of the following members: the Secretary of Commerce, who shall be the Chairman, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Housing and Home Finance Administrator, the Administrator of the Federal Aviation Agency, the Administrator of the Small Business Administration, the Chairman of the Federal Power Commission, and two public members who shall be appointed by the President. Each member of the Review Committee, other than a public member, may designate an alternate to represent him at meetings of the Review Committee which he is unable to attend. (c) The Review Committee shall meet at least once each calendar year, at the call of its Chairman. (d) The Review Committee may prescribe such regulations relating to the conduct of its affairs as it may deem to be necessary and not inconsistent with the provisions of this order.

Sec. 12. #sec-12

Functions of the Review Committee. The Review Committee shall provide general direction and guidance to the Field Committee; receive, review, and comment on the tentative plans or recommendations of the Field Committee; and receive and consider the final plans and recommendations of the Field Committee and transmit them, together with its own comments, to the President and the heads of interested Federal agencies.

Sec. 13. #sec-13

Compensation; travel expenses. (a) Each public member of the Review Committee may receive compensation for each day he is engaged in meetings of that Committee or is with the approval of the Chairman of the Review Committee engaged in other work in pursuance of the provisions of this order (5 U.S.C. 55a). (b) Members and personnel of the Review Committee may be allowed travel expenses and per diem in lieu of subsistence as authorized by law.

Sec. 14. #sec-14

Assistance by agencies. Each Federal agency the head of which is referred to in Section 11(b) of this order shall, as may be necessary, furnish assistance to the Review Committee in accordance with the provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691).

Sec. 15. #sec-15

Administrative services. The Department of Commerce is hereby designated as the agency which shall provide administrative services for the Review Committee. Part III. Office Of Emergency Planning

Sec. 31. #sec-31

Functions related to earthquake. The provisions of Section 41 hereof notwithstanding and so long as the President's declaration of a major disaster with respect to the earthquake which occurred in Alaska on March 27, 1964, remains in effect, the Director of the Office of Emergency Planning shall carry out the functions (heretofore assigned to the Federal Reconstruction and Development Planning Commission for Alaska by the provisions of Executive Order No. 11150 of April 2, 1964) of developing coordinated plans for Federal programs which contribute to reconstruction in Alaska and recommending appropriate action by the Federal Government to carry out such plans. Part IV. Miscellaneous Provisions

Sec. 41. #sec-41

Termination of existing Commission. (a) Executive Order No. 11150 of April 2, 1964 (29 F.R. 4789), is hereby revoked and the Federal Reconstruction and Development Planning Commission for Alaska established thereby is abolished. (b) The Director of the Bureau of the Budget shall make such arrangements related to the termination of the said Commission as he may deem necessary. Without limiting the generality of the foregoing the said Director is authorized, as he shall deem to be necessary or appropriate, to assign to Federal agencies duties with respect to the liquidation of the outstanding affairs of the Commission and to effect or arrange the transfer of records, property, personnel, and funds of the Commission to other Federal agencies. (c) Nothing in this order shall preclude or limit the transferability, pursuant to law, of unobligated balances of funds appropriated for the Commission abolished by Section 41(a) of this order (78 Stat. 209) or the use of such balances in connection with this order.

Sec. 42. #sec-42

Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of any other Federal agency, or as abrogating or restricting any such function in any manner. Sec 43. Definition. Except as may be inconsistent with the provisions of this order or otherwise inappropriate, the term "Federal agency", as used herein, includes any department or other agency or instrumentality of the executive branch of the Government of the United States and any officer thereof (including the Field Committee and the Review Committee). LYNDON B. JOHNSON The White House, October 2, 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. 11,182 (Oct. 2, 1964), https://executiveordersarchive.org/orders/app-executive-order-11182-establishing-federal-development-planning-committees-for-alaska.