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Executive Order 11209 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.60) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11209—Establishing the Federal Development Committee for Appalachia and Prescribing Other Arrangements for Coordination With the Appalachia Regional Commission

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Thursday, March 25, 1965
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5 min read (977 words)

Executive Brief • At a Glance

⏱️ 5 min read (977 words) • ● In Effect
🎯 Primary Mandate

The Chairman shall provide the effective and continuing liaison required by Section 104 of the Act between the Federal Government and the Appalachian Regional Commission (hereinafter referred to as the "Commission") and obtain a coordinated review by the interested Federal agencies and departments of plans and recommendations submitted by the Commission pursuant to Sections 102 and 103 of the Act.

⚖️ 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 Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities

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 March 25, 1965, this order concerns Establishing the Federal Development Committee for Appalachia and Prescribing Other Arrangements for Coordination With the Appalachia Regional Commission. There is hereby established the Federal Development Committee for Appal achia (hereinafter referred to as the "Committee"). (b) The Committee shall be composed of the Federal Cochairman of the Appalachian Regional Commission established by Section 101 of the Act, who shall be the Chairman of the Committee (hereinafter referred to as the "Chairman"), and nine other members, one of whom shall be designated by and…

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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Functions of the Chairman

The Chairman shall provide the effective and continuing liaison required by Section 104 of the Act between the Federal Government and the Appalachian Regional Commission (hereinafter referred to as the "Commission") and obtain a coordinated review by the interested Federal agencies and departments of plans and recommendations submitted by the Commission pursuant to Sections 102 and 103 of the Act.

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Function of the Committee

The Committee shall: (1) advise the Chairman with respect to (A) surveys and studies needed for the preparation of development plans pursuant to the Act, (B) relevant activities underway and proposed within their agencies, and (C) desirable development objectives and programs for the Appalachian region; (2) review any proposed agency development plan prepared pursuant to the Act, before the proposed plan is transmitted to the Commission through the Federal Cochairman, with the objective of assuring optimum coordination among the plans of all Federal agencies ; and (3) receive, review, and comment to the Commission through the Chairman on all tentative development plans prepared by the Commission.

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Prior Executive Orders

The Federal Development Planning Committee for Appalachia, established by Executive Order No. 11186 of October 23,, 1964, is hereby abolished and that order is hereby revoked.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ 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 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
36 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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

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

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
977
6,238 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
23.1
Post-Graduate Legal
Language Tone Score
+0.60
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS the Congress has enacted the Appalachian Regional Development Act of 1965 (hereinafter referred to as the "Act") to provide public works and economic development programs and the planning and coordination needed to assist in the development of the Appalachian region; and WHEREAS the Congress has found that the Appalachian Region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth, and has declared its intention to participate in the provision of the public works needed to enable the region to better support itself; and WHEREAS the proper discharge of Federal responsibilities to the people of the Appalachian region requires that related planning activities of the Federal Government be effectively coordinated:

NOW, THEREFORE, #now-therefore

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

Section 1. #sec-1

Establishment of Committee. (a) There is hereby established the Federal Development Committee for Appal achia (hereinafter referred to as the "Committee"). (b) The Committee shall be composed of the Federal Cochairman of the Appalachian Regional Commission established by Section 101 of the Act, who shall be the Chairman of the Committee (hereinafter referred to as the "Chairman"), and nine other members, one of whom shall be designated by and represent each of the following, respectively : 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 Secretary of the Army, the Housing and Home Finance Administrator, the Director of the Office of Economic Opportunity, and the board of directors of the Tennessee Valley Authority. (c) The Chairman may request any Federal agency head not referred to in subsection (b) of this section to designate a representative to provide the agency liaison with the Chairman on Appalachian matters and to participate in meetings of the Committee concerned with matters of substantial interest to such agency head.

Sec. 2. #sec-2

Functions of the Chairman. (1) The Chairman shall provide the effective and continuing liaison required by Section 104 of the Act between the Federal Government and the Appalachian Regional Commission (hereinafter referred to as the "Commission") and obtain a coordinated review by the interested Federal agencies and departments of plans and recommendations submitted by the Commission pursuant to Sections 102 and 103 of the Act. In carrying out this function, the Chairman shall inform the Federal agencies of matters to be taken under consideration by the Commission, including possible future recommendations of the Commission pursuant to Section 103 or 223 of the Act, and shall undertake to obtain a consensus within the Federal Government, either through the Committee or through consultation with appropriate agency representatives on the Committee, before he casts his vote on any matter as Federal Cochairman of the Commission. (2) He shall foster surveys and studies by any appropriate Federal agency as necessary to provide data for the preparation and operation of plans and programs for the development of Appalachia. (3) He shall receive from each appropriate Federal agency proposed plans deemed appropriate to carry out the statutory responsibilities of the agency under the Act, which plans shall be transmitted to the Commission for its information and recommendations.

Sec. 3. #sec-3

Function of the Committee. The Committee shall: (1) advise the Chairman with respect to (A) surveys and studies needed for the preparation of development plans pursuant to the Act, (B) relevant activities underway and proposed within their agencies, and (C) desirable development objectives and programs for the Appalachian region; (2) review any proposed agency development plan prepared pursuant to the Act, before the proposed plan is transmitted to the Commission through the Federal Cochairman, with the objective of assuring optimum coordination among the plans of all Federal agencies ; and (3) receive, review, and comment to the Commission through the Chairman on all tentative development plans prepared by the Commission.

Sec. 4. #sec-4

Responsibilities of Federal Agency Heads, The head of each Federal agency concerned with a program and projects submitted by the Commission pursuant to Section 223 of the Act is authorized, with the concurrence of the Federal Cochairman, to exercise the powers vested in the President by that section to approve or modify any such program or projects.

Sec. 5. #sec-5

Administrative Arrangements, (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 Committee in accordance with the provisions of Section 214 of the Act of May 3,1945 (59 Stat. 134;31U.S.C691). (b) Each Federal agency shall, consonant with law and within the limits of available funds, cooperate with the Committee and with the Chairman in carrying out their functions under this order. Such cooperation shall include, as may be appropriate, (1) furnishing relevant available information, (2) making studies and preparing reports pursuant to requests of the Chairman, (3) in connection with the development of programs and priorities of the agency, giving full consideration to any plans and recommendations for the development of Appalachia, including recommendations made by the Committee, and (4) advising on the work of the Committee as the Chairman may from time to time request.

Sec. 6. #sec-6

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 the Committee or the Chairman, or as abrogating or restricting any such function in any manner.

Sec. 7. #sec-7

Prior Executive Orders. The Federal Development Planning Committee for Appalachia, established by Executive Order No. 11186 of October 23,, 1964, is hereby abolished and that order is hereby revoked. This section shall be effective on the date of the first meeting of the Commission. LYNDON B. JOHNSON The White House, March 25, 1965.

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 11,209 (Mar. 25, 1965), https://executiveordersarchive.org/orders/app-executive-order-11209-establishing-the-federal-development-committee-for-appalachia-and.