WHEREAS, there exists a labor dispute between the Pacific Coast Shipbuilders' Association, Alameda, California, representing Lockheed Shipbuilding and Construction Company, Seattle, Washington, Bethlehem Steel Company, San Francisco, California, Lake Union Dry Docks Company, Seattle, Washington, Pacific Coast Engineering Company, Alameda, California, Albina Engine and Machine Works, Portland, Oregon, Northwest Marine Iron Works, Portland, Oregon, Todd Shipyards Corporation, Seattle, Washington and Alameda, California, Guy F. Atkinson Company, Portland, Oregon, Willamette Iron and Steel Company, Portland, Oregon, and certain of their employees represented by the International Brotherhood of Electrical Workers, AFL-CIO; and WHEREAS, such dispute has resulted in a strike which will, in my opinion, if permitted to continue, affect a substantial part of the shipbuilding and repair industries, which industries are engaged in trade, commerce, transportation, transmission, or communication among the several States or with foreign nations, or engaged in the production of goods for commerce, and which strike, if permitted to continue, will imperil the national safety: Now THEREFORE, by virtue of the authority vested in me by Section 206 of the Labor-Management Relations Act of 1947 (61 Stat. 155; 29 U.S.C. 176), I hereby create a Board of Inquiry, consisting of Mr. J. Keith Mann, Chairman, Mr. George E. Reedy and Mr. Paul D. Hanlon, whom I appoint to inquire into the issues involved in this dispute. The Board shall have powers and duties as set forth in Title II of such Act. The Board shall report to the President in accordance with the provisions of Section 206 of such Act on or before March 8, 1967. Upon submission of its report, the Board shall continue in existence to perform such other functions as may be required under such Act. LYNDON B. JOHNSON The White House March 2, 1967 10:46 p.m. Thursday night En Route Texas, Air Force 1
Executive Order 11329 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 11329—Creating a Board of Inquiry to Report on a Labor Dispute Affecting the Shipbuilding and Repair Industries of the United States
Executive Brief • At a Glance
⏱️ 2 min read (300 words) •
● In Effect
🎯 Primary Mandate
I hereby create a Board of Inquiry, consisting of Mr. J. Keith Mann, Chairman, Mr. George E. Reedy and Mr. Paul D. Hanlon, whom I appoint to inquire into the issues involved in this dispute.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises 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 2, 1967, this order concerns Creating a Board of Inquiry to Report on a Labor Dispute Affecting the Shipbuilding and Repair Industries of the United States. I hereby create a Board of Inquiry, consisting of Mr. J. Keith Mann, Chairman, Mr. George E. Reedy and Mr. Paul D. Hanlon, whom I appoint to inquire into the issues involved in this dispute. The Board shall have powers and duties as set forth in Title II of such Act. The Board shall report to the President in accordance with the provisions of Section 206 of such Act on or before March 8, 1967.
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
▪
I hereby create a Board of Inquiry, consisting of Mr. J. Keith Mann, Chairman, Mr. George E. Reedy and Mr. Paul D. Hanlon, whom I appoint to inquire into the issues involved in this dispute.
▪
The Board shall have powers and duties as set forth in Title II of such Act.
▪
The Board shall report to the President in accordance with the provisions of Section 206 of such Act on or before March 8, 1967.
▪
Upon submission of its report, the Board shall continue in existence to perform such other functions as may be required under such Act.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ 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 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
📐
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
34 / 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
Moderate Friction
Due Process & Individual Rights
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
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
300
1,958 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
15
College Level
Text size:
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📜
Scholarly & Legal Citations
Exec. Order No. 11,329 (Mar. 2, 1967), https://executiveordersarchive.org/orders/app-executive-order-11329-creating-board-inquiry-report-labor-dispute-affecting-the.
