Whereas there has been created in the Department of Health, Education, and Welfare, under the authority of Section 4 (a) of Public Law 89-115, approved August 9, 1965, 79 Stat. 449, the position of "Assistant Secretary (for Education)"; and Whereas it is appropriate that the Assistant Secretary (for Education) perform the function of facilitating the coordination of Federal education programs and be a member, and the chairman, of the Federal Interagency Committee on Education: Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered that Executive Order No. 11185 of October 16, 1964, entitled "To Facilitate Coordination of Federal Education Programs," be, and it is hereby, amended as follows: (1) By substituting for the text "Commissioner of Education (hereinafter referred to as the Commissioner)" in Section 1 the following: "Assistant Secretary (for Education) (hereinafter referred to as the Assistant Secretary) (2) By substituting for "Commissioner of Education" in the catchline of Section 2 the following: "Assistant Secretary (for Education)". (3) By substituting for the word "Commissioner" in the first sentence of Section 2 and in Sections 3 (c), 3(d), and 4(b) the words "Assistant Secretary". (4) By substituting for the text "The Committee shall be composed of the Commissioner, who shall be the chairman", in Section 4(c), the following: "The Committee shall be composed of the Assistant Secretary, who shall be the chairman, the Commissioner of Education". LYNDON B. JOHNSON The White House December 11, 1965
Executive Order 11260 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 11260—Amending Executive Order No. 11185 Relating to Facilities Coordination of Federal Education Programs
Executive Brief • At a Glance
⏱️ 1 min read (245 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 11185 of October 16, 1964, entitled "To Facilitate Coordination of Federal Education Programs," be, and it is hereby, amended as follows: (1) By substituting for the text "Commissioner of Education (hereinafter referred to as the Commissioner)" in Section 1 the following: "Assistant Secretary (for Education) (hereinafter referred to as the Assistant Secretary) (2) By substituting for "Commissioner of Education" in the catchline of Section 2 the following: "Assistant Secretary (for Education)".
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
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 December 11, 1965, this order concerns Amending Executive Order No. 11185 Relating to Facilities Coordination of Federal Education Programs. Executive Order No. 11185 of October 16, 1964, entitled "To Facilitate Coordination of Federal Education Programs," be, and it is hereby, amended as follows: (1) By substituting for the text "Commissioner of Education (hereinafter referred to as the Commissioner)" in Section 1 the following: "Assistant Secretary (for Education) (hereinafter referred to as the Assistant Secretary) (2) By substituting for…
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
▪
Executive Order No. 11185 of October 16, 1964, entitled "To Facilitate Coordination of Federal Education Programs," be, and it is hereby, amended as follows: (1) By substituting for the text "Commissioner of Education (hereinafter referred to as the Commissioner)" in Section 1 the following: "Assistant Secretary (for Education) (hereinafter referred to as the Assistant Secretary) (2) By substituting for "Commissioner of Education" in the catchline of Section 2 the following: "Assistant Secretary (for Education)".
▪
By substituting for the text "The Committee shall be composed of the Commissioner, who shall be the chairman", in Section 4(c), the following: "The Committee shall be composed of the Assistant Secretary, who shall be the chairman, the Commissioner of Education".
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating 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 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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
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
Moderate Friction
Youngstown Jacksonian Tier
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%).
ℹ️
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
245
1,583 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
21.9
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Richard Nixon • 1974-01-17
Richard Nixon • 1972-03-24
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11185 Oct 16, 1964
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.33)
Executive Order 11185—To Facilitate Coordination of Federal Education Programs
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Secretary, with the assistance of the Commissioner of Education (hereinafter referred to as the Commissioner), shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.
Lyndon B. Johnson Post-Graduate Legal • 5m
EO 11261 Dec 11, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11261—Amending Executive Order No. 10973 of November 3, 1961, Providing for the Administration of Foreign Assistance and Related Functions
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 10973 of November 3, 1961, be, and it is hereby, amended by substituting for Section 304 thereof the following: "Sec. 304.. United States Information Agency.
Lyndon B. Johnson High School • 1m
EO 11262 Dec 13, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11262—Placing Additional Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
By virtue of the authority vested in me by subsection (f) of section 303 of the Government Employees Salary Reform Act of 1964, and as President of the United States, Executive. Order No. 11248 of October 10, 1965, as amended, is further amended as follows: SECTION 1.
Lyndon B. Johnson College Level • 1m
EO 11259 Dec 3, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11259—Amending Executive Order No. 11157 as it Relates to Incentive Pay For Hazardous Duty Involving Parachute Jumping
📜 Art. II §2: Commander-in-Chief Supervisory Authority
08 (c) of Executive Order No. 11157 of June 22, 1964, is hereby amended by adding the following new sentence at the end thereof: "The minimum requirements may be waived by the commanding officer of a member for any period that the member is unable to perform the required jumps…
Lyndon B. Johnson College Level • 1m
EO 11263 Dec 20, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11263—Further Amending Executive Order No. 10713, Providing for Administration of the Ryukyu Islands
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The High Commissioner may appoint a Chief Executive who shall serve until a successor is elected by the legislative body. "(3) The incumbent Chief Executive at the end of the term of a legislative body shall continue in office until a successor takes office pursuant to either…
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11264 Dec 31, 1965
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11264—The Board of the Foreign Service and the Board of Examiners for the Foreign Service
📜 10th Amend: Intergovernmental Federalism Cooperation
Delegation of functions. Except to the extent inconsistent with Sections 22(a) and 32(a) of this Order, all the functions which were transferred to the President by Sections 1 (c) and 1 (d) of Reorganization Plan No. 4 of 1965 are hereby delegated to the Secretary of State…
Lyndon B. Johnson High School • 6m
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Scholarly & Legal Citations
Exec. Order No. 11,260 (Dec. 11, 1965), https://executiveordersarchive.org/orders/app-executive-order-11260-amending-executive-order-no-11185-relating-facilities-coordination.
