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Executive Order 11230 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11230—Delegating Certain Functions of the President to the Director of the Bureau of the Budget

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Monday, June 28, 1965
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12 min read (2,436 words)

Executive Brief • At a Glance

⏱️ 12 min read (2,436 words) • ● In Effect
🎯 Primary Mandate

The Director of the Bureau of the Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the President by Section 10 of the Act of March 3? 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), to prescribe the regulations (relating to the certification required in connection rate by the transportation facility used in such transportation) provided for in that Section.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 June 28, 1965, this order concerns Delegating Certain Functions of the President to the Director of the Bureau of the Budget. Section 1. The Director of the Bureau of the Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the President by Section 10 of the Act of March 3? 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), to prescribe the regulations (relating to the certification required in connection rate by the transportation…

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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The Director of the Bureau of the Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the President by Section 10 of the Act of March 3? 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), to prescribe the regulations (relating to the certification required in connection rate by the transportation facility used in such transportation) provided for in that Section.

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The authority vested in the President by Section 1(a) of the Administrative Expenses Act of 1946, 60 Stat. 806 (5 U.S.C. 73b-l (a)), to prescribe the regulations (relating to the allowance and payment of the expenses of travel and certain other expenses of any civilian officer or employee of the Government transferred from one official station to another for permanent duty) provided for in that Section.

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The authority vested in the President by the first sentence of Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5 U.S.C. 73b-l(b)), to prescribe the regulations (relating to the reimbursement on a commuted basis, in lieu of the payment of certain actual expenses pertaining to his household goods and personal effects, of any civilian officer or employee of the Government transferred from one official station to another for permanent duty between points in the continental United States) provided for in that sentence, except the authority to establish the commuted rates on which such reimbursement is made.

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That part of the authority vested in the President by Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act, 73 Stat. 216 (5 U.S.C. 2355(a)) which consists of authority to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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)
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"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

"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
58 / 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

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

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
2,436
14,373 characters
Estimated Read Time
12 min
@ 200 words / min
Flesch-Kincaid
12.4
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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📑Sections Outline (4 sections)

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows—

Section 1. #sec-1

The Director of the Bureau of the Budget is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the President by Section 10 of the Act of March 3? 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), to prescribe the regulations (relating to the certification required in connection rate by the transportation facility used in such transportation) provided for in that Section. (2) The authority vested in the President by Section 1(a) of the Administrative Expenses Act of 1946, 60 Stat. 806 (5 U.S.C. 73b-l (a)), to prescribe the regulations (relating to the allowance and payment of the expenses of travel and certain other expenses of any civilian officer or employee of the Government transferred from one official station to another for permanent duty) provided for in that Section. (3) The authority vested in the President by the first sentence of Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5 U.S.C. 73b-l(b)), to prescribe the regulations (relating to the reimbursement on a commuted basis, in lieu of the payment of certain actual expenses pertaining to his household goods and personal effects, of any civilian officer or employee of the Government transferred from one official station to another for permanent duty between points in the continental United States) provided for in that sentence, except the authority to establish the commuted rates on which such reimbursement is made. (4) The authority vested in the President by the second sentence of Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5 U.S.C. 73b-l(b)), to prescribe the regulations (relating to the amount of the allowance or expenses, and the payment thereof, for the transportation of a house trailer or mobile dwelling within the continental United States, within Alaska, or between the continental United States and Alaska, for use as a residence) provided for in that sentence. (5) The authority vested in the President by Section 1(e) of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-l(e)) and by Section 301(d) of the Overseas Differentials and Allowances Act of September 6, 1960, P.L. 86-707, 74 Stat. 796, to prescribe the regulations (relating to storage expenses and other matters) provided for in those Sections. (6) The authority vested in the President by Section 1(f) of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-l(f)), to prescribe the regulations (relating to the transportation of the privately owned motor vehicle of an employee assigned to a post of duty outside the continental United States on other than temporary duty orders) provided for in that Section. (7) The authority vested in the President by Section 7 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-3), to prescribe the regulations (relating to the availability of appropriations for the departments for expenses of travel of Government personnel (including new appointees), transportation of their immediate families, and transportation of their household goods and personal effects) provided for in that Section. (8) The authority vested in the President by Section 1 of the Act of July 8, 1940, ch. 551, 54 Stat. 743 (5 U.S.C. 103a), to prescribe regulations governing the matters provided for in paragraphs (a), (b), and (c) of that Section (relating to the payment of certain expenses on the death of a civilian officer or employee of the United States or of his dependents occurring in the circumstances described in those paragraphs and the furnishing of certain services and supplies on the death of such dependents). (9) The authority vested in the President by Section 3 of the Travel Expense Act of 1949, 63 Stat. 166 (5 U.S.C. 836), to establish maximum rates of per diem allowances for civilian officers and employees of the Government to the extent that such authority pertains to travel status other than at localities in foreign areas as defined in Section 111 of the Overseas Differentials and Allowances Act (74 Stat. 792). (10) That part of the authority vested in the President by Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act, 73 Stat. 216 (5 U.S.C. 2355(a)) which consists of authority to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions. (11) The authority vested in the President by the last sentence of paragraph (c) of Section 32 of Title III of the Act of July 22,1937, ch. 517, 50 Stat. 525 (7 U.S.C. 1011(c)), to transfer to other Federal, State, or Territorial agencies lands acquired by the Secretary of Agriculture under Section 32 (a) of that Act. (12) The authority vested in the President by Section 340 of the Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 (7 U.S.C. 1990), in his discretion to transfer to the Secretary of Agriculture any right, interest or title held by the United States in any lands acquired in the program of national defense and no longer needed for that program, and to determine the suitability of the lands to be transferred, for the purposes referred to in that Section. (13) The authority vested in the President by Section 126(a) of Title 10 of the United States Code to approve the transfers of balances of appropriations provided for in that Section. (14) The authority vested in the President by Section 4(k) of the Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c (k)), to approve transfers under paragraphs (a) and (c) of that Section, other than leases for terms of less than 20 years and conveyances of property having a value not in excess of $500. (15) The authority vested in the President by Section 7(b) of the Tennessee Valley Authority Act of May 18,1933,48 Stat. 63 (16 U.S.C. 831f(b)), to provide for the transfer to the Tennessee Valley Authority of the use, possession, and control of real or personal property of the United States deemed by the Director of the Bureau of the Budget to be necessary and proper for the purposes of the Corporation as stated in that Act. (16) The authority vested in the President by Section 1 of the Act of March 4,1927, ch. 505, 44 Stat. 1422 (20 U.S.C. 191), to transfer to the jurisdiction of the Secretary of Agriculture for the purposes of that Act any land belonging to the United States within or adjacent to the District of Columbia located along the Anacostia River north of Benning Bridge. (17) The authority vested in the President by the last sentence of Section 4 of the Act of May 10,1943, ch. 95, 57 Stat. 81 (24 U.S.C. 34), to prescribe from time to time rates of charges for hospitalization (18) The authority vested in the President by Section 202 of the Budget and Accounting Procedures Act of September 12, 1950, 64 Stat. 838 (31 U.S.C. 581c), to approve the transfers of balances of appropriations provided for in subsections (a) and (b) of that Section. (19) The authority vested in the President by the last sentence of Section 11 of the Act of June 6,1924, ch. 270,43 Stat. 463 (40 U.S.C. 72), to approve (A) the designation of lands to be acquired by condemnation, (B) contracts for purchase of lands, and (C) agreements between the National Capital Planning Commission and officials of the States of Maryland and Virginia. (20) The authority vested in the President by Section 1 of the Act of December 22,1928, ch. 48,45 Stat. 1070 (40 U.S.C. 72a), to approve contracts for acquisition of land subject to limited rights reserved to the grantor and for the acquisition of limited permanent rights in land adjoining park property. (21) The authority vested in the President by Section 108 of the Housing Act of July 15, 1949, ch. 338, 63 Stat. 419 (42 U.S.C. 1458), to transfer, or cause to be transferred, to the Housing and Home Finance Administrator any right, title or interests held by the Federal Government or any department or agency thereof in any land (including buildings thereon) which is surplus to the needs of the Government and which a local public agency certifies will be within the area of a project being planned by it. (22) The authority vested in the President by Section 407(b) of the Act of August 30,1957, 71 Stat. 556 (42 U.S.C. 1594j(b)), to approve regulations (relating to the rental of substandard housing for members of the uniformed services) prescribed pursuant to that Section. The Secretaries referred to in Section 407(c) of that Act shall furnish the Director of the Bureau of the Budget such reports with respect to matters within the scope of the regulations so approved as he may require and at such times as he may specify. (23) The authority vested in the President by the paragraph appearing under the heading "Expenses of Management Improvement" in the Executive Office Appropriation Act 1965, P.L. 88-392, 78 Stat. 374, or by any reenactment of the provisions of that paragraph in the same or in a different amount of funds, to allocate to any agency or office of the executive branch (including the Bureau of the Budget) funds appropriated by that paragraph or by any such reenactment of it. The Director of the Bureau of the Budget snail from time to time report to the President concerning activities carried on by executive agencies and offices with funds allocated under this paragraph and shall, consonant with law, exercise such direction and control with respect to those activities as he shall deem appropriate. (24) The authority vested in the President by the first sentence of Section 6 of the Act of August 20, 1964, 78 Stat. 558 (5 U.S.C. 3126), to issue the regulations (relating to the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out the provisions of that Act) provided for in that sentence. (25) The authority vested in the President by the first Section of the Act of August 31, 1964, 78 Stat. 745 (5 U.S.C. 70c), to prescribe the regulations (relating to the rates at which an allowance will be paid to employees of the United States assigned to duty, other than temporary duty, on one of the California offshore islands and to defining the areas and groups of positions to which such rates shall apply) provided for in that Section. (26) The authority vested in the President by Section 44(a) of the Alaska Omnibus Act of June 25,1959, P.L. 86-70,73 Stat. 151, to make transitional grants to the State of Alaska; and the authority vested in the President by Section 44(b) of that Act (A) to approve requests of the Governor of Alaska that Federal agencies continue to provide services or facilities in Alaska for an interim period, and (B) to allocate to such agencies the funds necessary to finance the provision of such services or facilities. (27) The authority vested in the President by Section 45(a) of the Alaska Omnibus Act of June 25, 1959, 73 Stat. 152, (A) to determine that any function performed by the Federal Government in Alaska has been terminated or curtailed by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, and (B) in his discretion, to transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska and as otherwise described in Section 45(a). The provisions of this paragraph shall not be construed to affect the authority delegated to the Secretary of the Interior by Executive Order No. 10857 of December 29, 1959, with respect to the transfer and conveyance of property described in Section 2 of that order. (28) The authority vested in the President by Section 5(e) of the Act of March 18,1959, P.L. 86-3, 73 Stat. 6, to determine that certain land or property is no longer needed by the United States, and to convey to the State of Hawaii the land or property which is determined to be no longer needed by the United States.

Sec. 2. #sec-2

The following are hereby superseded: (1) Part I of Executive Order No. 10530 of May 10, 1954. (2) Executive Order No. 10559 of September 8, 1954. (3) Executive Order No. 10759 of March 17, 1958. (4) Executive Order No. 10766 of May 1, 1958. (5) Executive Order No. 10790 of November 20, 1958. (6) Executive Order No. 10836 of September 8, 1959. (7) Executive Order No. 10889 of October 5, 1960. (8) So much of Section 2 of Executive Order No. 10903 of January 9, 1961, as added paragraphs (s), (t), and (u) to Section 1 of Executive Order No. 10530 of May 10, 1954. (9) Executive Order No. 10960 of August 21, 1961. (10) Section 2 of Executive Order No. 10970 of October 27, 1961. (11) Section 1 of Executive Order No. 11012 of March 27, 1962. (12) Section 2(a) of Executive Order No. 11116 of August 5, 1963. (13) Executive Order No. 11164 of August 1, 1964. (14) Executive Order No. 11184 of October 13, 1964.

Sec. 3. #sec-3

(a) Unless inappropriate, any reference in this Order to any statute or to any provision of any statute shall be deemed to include reference thereto as amended from time to time. (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 of this Order, if any, which corresponds to the superseded provision.

Sec. 4. #sec-4

All actions heretofore taken by the President or by the Director of the Bureau of the Budget in respect of the matters affected by the provisions of Section 1 of this Order and in force at the time of the issuance of this Order, including any regulations prescribed or approved by the President or by the Director of the Bureau of the Budget in respect of such matters, shall, except as they may be inconsistent with the provisions of this Order, remain in effect until amended, modified, or revoked pursuant to authority conferred by this Order unless sooner terminated by operation of law. LYNDON B. JOHNSON The White House, June 28, 1965.

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Referenced By Later Executive Orders (5)

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

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Scholarly & Legal Citations

Exec. Order No. 11,230 (June 28, 1965), https://executiveordersarchive.org/orders/app-executive-order-11230-delegating-certain-functions-the-president-the-director-the-bureau.