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Executive Order 11210 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 11210—Establishing a Temporary Commission on Pennsylvania Avenue

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Thursday, March 25, 1965
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5 min read (942 words)

Executive Brief • At a Glance

⏱️ 5 min read (942 words) • ● In Effect
🎯 Primary Mandate

The Chairman is authorized to appoint such personnel as may be necessary to assist the Commission in connection with the performance of its functions.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities Financial Institutions & Monetary Authorities

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 a Temporary Commission on Pennsylvania Avenue. Temporary Commission on Pennsylvania Avenue, (a) There is hereby established the Temporary Commission on Pennsylvania Avenue (hereinafter referred to as the Commission). (b) The Commission shall be composed of the Secretary of the Interior, the Secretary of the Treasury, the Secretary of Labor, the Secretary of Commerce, the Attorney General, the Postmaster General, the Administrator of General Services, the…

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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Commission staff and consultants

The Chairman is authorized to appoint such personnel as may be necessary to assist the Commission in connection with the performance of its functions.

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Federal agencies

As deemed necessary to facilitate the work of the Commission, the Chairman may request the head of any Executive department or agency whose activities may relate to the objectives of the Commission to designate a liaison officer to consult with the Commission on matters of common concern.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities
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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: Supportive of Execution
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
40 / 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

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
942
6,077 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
24.3
Post-Graduate Legal
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

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WHEREAS Pennsylvania Avenue between the Capitol and the White House serves as the main ceremonial avenue connecting the centers of the Legislative and Executive Branches of the United States Government; and WHEREAS parts of Pennsylvania Avenue have been in large measure developed in a manner consistent therewith; and WHEREAS other parts of Pennsylvania Avenue have deteriorated in condition and design or are otherwise ill suited to the ceremonial purposes of the Avenue and to the National dignity; and WHEREAS the President's Ad Hoc Committee on Federal Office Space called the attention of the President to the deterioration and obsolescence of Pennsylvania Avenue and recommended that he enlist the aid of the finest architectural talent in the Nation to develop plans for the improvement of Pennsylvania Avenue to reflect its National significance; and WHEREAS the President requested distinguished members of the architectural and city planning profession to serve on a Council on Pennsylvania Avenue and to develop a plan for the improvement of the Avenue to a level commensurate with its National purpose; and WHEREAS Congress, in support of this objective, appropriated funds to assist in the preparation of such plans; and WHEREAS the President's Council on Pennsylvania Avenue has developed a general plan for the improvement of the Avenue, and the Council has been dissolved; and WHEREAS the plan developed by the President's Council on Pennsylvania Avenue has been subjected to extensive review by the National Capital Planning Commission and other interested departments and agencies and has been deemed appropriate in its main outlines; and WHEREAS the Congress will be asked to consider legislation to provide for the improvement of Pennsylvania Avenue:

NOW, THEREFORE, #now-therefore

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

Section 1. #sec-1

Temporary Commission on Pennsylvania Avenue, (a) There is hereby established the Temporary Commission on Pennsylvania Avenue (hereinafter referred to as the Commission). (b) The Commission shall be composed of the Secretary of the Interior, the Secretary of the Treasury, the Secretary of Labor, the Secretary of Commerce, the Attorney General, the Postmaster General, the Administrator of General Services, the Housing and Home Finance Administrator, the Chairman of the Commission of Fine Arts, the Chairman of the National Capital Planning Commission, the Secretary of the Smithsonian Institution, the President of the Board of Commissioners of the District of Columbia, the Director of the National Gallery of Art, and such other members as may be appointed by the President. The Chairman shall invite the Architect of the Capitol to be a member of the Commission. (c) The President shall appoint from among its members a Chairman of the Commission who shall direct its activities. (d) Members of the Commission who are officers or employees of the Federal Government shall receive no additional compensation by virtue of membership on the Commission. Other members of the Commission shall be entitled to receive compensation 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 Commission shall meet at the call of the Chairman.

Sec. 2. #sec-2

Functions of the Commission, (a) The Commission shall advise the President with respect to: (1) the component parts of the general plan submitted by the President's Advisory Council on Pennsylvania Avenue respecting their feasibility and practicability from the standpoint of financial, engineering, planning, and other relevant considerations; (2) the development of an orderly, phased program for carrying out the improvement of Pennsylvania Avenue; (3) effects of the proposed improvements on owners and occupants of private property in and adjoining the area to be improved and actions respecting the improvement program that will assure its achievement with minimum harmful effects upon such private interests and with the least disruption of business within and adjoining the area; (4) appropriate legislation for carrying out the program of improvement; (b) Take steps to assure that such recommendations as it may develop respecting plans and programs for the improvement of Pennsylvania Avenue and the Comprehensive Plan for the National Capital and other plans prepared or being prepared by the National Capital Planning Commission are properly coordinated. (c) Promote an understanding of the plan and its objectives among the public generally; and (d) Undertake such other actions as may be permitted by law and requested by the President in furtherance of the objectives of this order.

Sec. 3. #sec-3

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

Sec. 4. #sec-4

Federal agencies. (a) As deemed necessary to facilitate the work of the Commission, the Chairman may request the head of any Executive department or agency whose activities may relate to the objectives of the Commission to designate a liaison officer to consult with the Commission on matters of common concern. (b) Upon request of the Chairman, each Executive department or agency is authorized and directed, consistent with law, to furnish the Commission available information which the Commission may require in the performance of its functions. (c) Each Federal agency represented on the Commission shall furnish such necessary assistance to the Commission as may be authorized by Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31U.S.C. 691). (d) The National Capital Planning Commission is hereby designated as the agency which shall provide administrative services for 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. 11,210 (Mar. 25, 1965), https://executiveordersarchive.org/orders/app-executive-order-11210-establishing-temporary-commission-pennsylvania-avenue.