WHEREAS, there exists a labor dispute between Avco Corporation, a Delaware corporation, and certain of its employees at the Lycoming Division Plant, Stratford, Connecticut, represented by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL–CIO, and Locals 376 and 1010 thereof; and WHEREAS, such dispute threatens to result in a strike affecting a substantial part of an industry or industries of the United States 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, which strike, if permitted to occur or continue, would, in my opinion, 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. Leo C. Brown, Chairman, Mr. James C. Hill and Mr. Clyde W. Summers, 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 April 17, 1967. Upon the 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 April 15, 1967
Executive Order 11344 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11344—Creating a Board of Inquiry to Report on a Labor Dispute Affecting the Military Aircraft Industry and the Military Aircraft Engine Industry of the United States
Executive Brief • At a Glance
⏱️ 1 min read (243 words) •
● In Effect
🎯 Primary Mandate
I hereby create a board of inquiry, consisting of Mr. Leo C. Brown, Chairman, Mr. James C. Hill and Mr. Clyde W. Summers, 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 §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
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 April 15, 1967, this order concerns Creating a Board of Inquiry to Report on a Labor Dispute Affecting the Military Aircraft Industry and the Military Aircraft Engine Industry of the United States. I hereby create a board of inquiry, consisting of Mr. Leo C. Brown, Chairman, Mr. James C. Hill and Mr. Clyde W. Summers, 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 April 17, 1967.
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
▪
I hereby create a board of inquiry, consisting of Mr. Leo C. Brown, Chairman, Mr. James C. Hill and Mr. Clyde W. Summers, 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 April 17, 1967.
▪
Upon the 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
🏛️ 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
"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
📐
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
243
1,474 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.5
College Level
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11343 Apr 12, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11343—Creating an Emergency Board to Investigate the Disputes Between the Long Island Rail Road and Certain of its Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a board of three members, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11348 Apr 20, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11348—Providing for the Further Training of Government Employees
📜 10th Amend: Intergovernmental Federalism Cooperation
PART I—GENERAL SECTION 101. (a) As used in this order, the terms "agency", "employee", "Government", and "training" have the meanings given to those terms, respectively, by section 4101 of Title 5, United States Code.
Lyndon B. Johnson Post-Graduate Legal • 6m
EO 11347 Apr 20, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11347—Amendment of Executive Order No. 11210, Establishing a Temporary Commission on Pennsylvania Avenue
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order No. 11210 of March 25,1965, is amended by substituting for subsection (b) of section 1 thereof the following: "(b) The Commission shall be composed of the Attorney General, the Postmaster General, the Secretary of Commerce, the Secretary of Health, Education…
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11346 Apr 20, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11346—Placing an Additional Position in Level V of the Federal 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: (14) Deputy Assistant Secretary for Mortgage Credit, Department of Housing and Urban Development.
Lyndon B. Johnson College Level • 1m
EO 11345 Apr 20, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11345—Establishment of the Great Lakes Basin Commission
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Great Lakes Basin Commission. It is hereby declared that the Great Lakes Basin Commission is established under the provisions of Title II of the Act. SEC. 2. Jurisdiction of Commission.
Lyndon B. Johnson Post-Graduate Legal • 4m
EO 11342 Apr 10, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11342—The Quetico-Superior Committee
📜 5th Amend: Regulatory Execution with Due Process
Establishment of the Committee. There is hereby established a committee which shall be known as the Quetico-Superior Committee (hereinafter referred to as the Committee). SEC. 2. Composition of the Committee.
Lyndon B. Johnson High School • 3m
📜
Scholarly & Legal Citations
Exec. Order No. 11,344 (Apr. 15, 1967), https://executiveordersarchive.org/orders/app-executive-order-11344-creating-board-inquiry-report-labor-dispute-affecting-the-military.
