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 ordered as follows: SECTION 1. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports. SEC. 2. Superseded orders. Subject to Section 3 of this order, the following are hereby superseded: (1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States." (2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States". SEC. 3. Saving provisions. All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law. LYNDON B. JOHNSON The White House August 5, 1966
Executive Order 11295 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 11295—Rules Governing the Granting, Issuing, and Verifying of United States Passports
Executive Brief • At a Glance
⏱️ 1 min read (245 words) •
● In Effect
🎯 Primary Mandate
The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 August 5, 1966, this order concerns Rules Governing the Granting, Issuing, and Verifying of United States Passports. Delegation of authority. The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports. SEC. 2.
Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.
Key Directives & Operative Actions
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The Secretary of State is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority conferred upon the President by the first section of the Act of July 3, 1926 (22 U.S.C. 211a), to designate and prescribe for and on behalf of the United States rules governing the granting, issuing, and verifying of passports.
▪
Subject to Section 3 of this order, the following are hereby superseded: (1) Executive Order No. 7856 of March 31, 1938, entitled "Rules Governing the Granting and Issuing of Passports in the United States." (2) Executive Order No. 8820 of July 11, 1941, entitled "Amending the Foreign Service Regulations of the United States".
▪
All rules and regulations contained in the Executive order provisions revoked by Section 2 of this order, and all rules and regulations issued under the authority of those provisions, which are in force at the time of the issuance of this order shall remain in full force and effect until revoked, or except as they may be hereafter amended or modified, in pursuance of the authority conferred by this order, unless sooner terminated by operation of law.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Foreign Nations & International Entities
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 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
"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: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Anti-Federalist Stance: Eternal Vigilance Required
📐
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
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
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
Low Friction
Youngstown Jacksonian Tier
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%).
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
1,463 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.9
College Level
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Donald Trump • 2025-09-05
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 7856 Mar 31, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7856—Rules Governing the Granting and Issuing of Passports in the United States
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following rules governing the granting and issuing of passports in the United States. Part I—Authority To Issue Passports in the United States 1. Only the Secretary of State may grant and issue passports in the United States.
Franklin D. Roosevelt High School • 39m
EO 8820 Jul 11, 1941
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 8820—Amending the Foreign Service Regulations of the United States
📜 10th Amend: Intergovernmental Federalism Cooperation
The Foreign Service Regulations of the United States be, and they are hereby, amended by prescribing the following as Chapter XXI thereof: CHAPTER XXI--NATIONALITY, PASSPORTS, REGISTRATION, AND PROTECTION NATIONALITY XXI-1. Duties in Connection with Nationality Matters.
Franklin D. Roosevelt High School • 3m
EO 11294 Aug 4, 1966
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11294—Delegating Certain Authority of the President to Establish Maximum Per Diem Rates for Government Civilian Personnel in Travel Status
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 10621 of July 1, 1955, entitled "Delegation of Certain Functions of the President to the Secretary of Defense," is hereby amended by adding the following paragraph at the end of Section 1 thereof: "(o) The authority vested in the President by section 3 of…
Lyndon B. Johnson College Level • 2m
EO 11293 Aug 3, 1966
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11293—Placing an Additional Position in Level V of the Federal Executive Salary Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
Section 2 of Executive Order No. 11248 of October 10, 1965, as amended, is further amended by adding thereto the following: (8) Commissioner, Federal Water Pollution Control Administration, Department of the Interior.
Lyndon B. Johnson College Level • 1m
EO 11292 Aug 1, 1966
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11292—Amending Executive Order No. 11157 as it Relates to Incentive Pay For Hazardous Duty, and Special Pay for Sea Duty at Certain Places
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 11157 of June 22, 1964, as amended, is further amended by substituting for sections 104, 206, and 207 the following: "SEC. 104.
Lyndon B. Johnson Post-Graduate Legal • 5m
EO 11296 Aug 10, 1966
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11296—Evaluation of Flood Hazard in Locating Federally Owned or Financed Buildings, Roads, and Other Facilities, and in Disposing of Federal Lands and Properties
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The heads of the executive agencies shall provide leadership in encouraging a broad and unified effort to prevent uneconomic uses and development of the Nation's flood plains and, in particular, to lessen the risk of flood losses in connection with Federal lands and…
Lyndon B. Johnson Post-Graduate Legal • 4m
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Scholarly & Legal Citations
Exec. Order No. 11,295 (Aug. 5, 1966), https://executiveordersarchive.org/orders/app-executive-order-11295-rules-governing-the-granting-issuing-and-verifying-united-states.
