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Executive Order 11349 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.47) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11349—Amending Executive Order No. 11136, Relating to the President's Commission on Consumer Interests and the Consumer Advisory Council

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Monday, May 1, 1967
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6 min read (1,132 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,132 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 11136 of January 3,1964, is hereby amended to read as follows: "The consumer's interest is the American interest, for we are all consumers.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants 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 May 1, 1967, this order concerns Amending Executive Order No. 11136, Relating to the President's Commission on Consumer Interests and the Consumer Advisory Council. Executive Order No. 11136 of January 3,1964, is hereby amended to read as follows: "The consumer's interest is the American interest, for we are all consumers. In filling the needs of our daily lives, we are direct purchasers of two thirds of our total national production. "The success of our competitive economic system depends on the furtherance of the consumer interest.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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Executive Order No. 11136 of January 3,1964, is hereby amended to read as follows: "The consumer's interest is the American interest, for we are all consumers.

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In filling the needs of our daily lives, we are direct purchasers of two thirds of our total national production.

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"Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: "PART I. PRESIDENT'S COMMITTEE ON CONSUMER INTERESTS "SECTION 101.

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There is hereby established the President's Committee on Consumer Interests (hereinafter referred to as the 'Committee').

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions
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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 1 (Maximum Authority)
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"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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
46 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

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

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

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%).
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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
1,132
7,072 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
14.1
College Level
Language Tone Score
+0.47
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, Executive Order No. 11136 of January 3,1964, is hereby amended to read as follows: "The consumer's interest is the American interest, for we are all consumers. In filling the needs of our daily lives, we are direct purchasers of two thirds of our total national production. "The success of our competitive economic system depends on the furtherance of the consumer interest. And it is our free marketplace, working for the benefit of the individual, that has given to the American consumer the highest standard of living the world has ever known. "The consumer has four very basic rights in that marketplace—the right to be informed about the products he buys; the right to choose between several varieties of those products; the right to be protected from unsafe products; and the right to be heard in the highest councils of government. "It is our job to assure the preservation of those rights. To do so, we must have the cooperation of business and industry, as well as of the consumer. They are all integral, interacting, indispensable elements of our economic system. They must have mutual trust, mutual respect, and a mutual dedication to a sound and healthy America. "Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: "PART I. PRESIDENT'S COMMITTEE ON CONSUMER INTERESTS "SECTION 101. Establishment of the Committee. (a) There is hereby established the President's Committee on Consumer Interests (hereinafter referred to as the 'Committee'). "(b) The Committee shall be composed of the Special Assistant to the President for Consumer Affairs; the Chairman of the Council of Economic Advisers; the Director of the Office of Economic Opportunity; the Attorney General; the Postmaster General; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Labor; the Secretary of Health, Education, and Welfare; the Secretary of Housing and Urban Development; the Chairman of the Federal Trade Commission; the Administrator of Veterans' Affairs; and such other Government officials as the President may designate. "(c) The Chairman of the Committee shall be the Special Assistant to the President for Consumer Affairs. The Chairman shall direct and supervise any staff employed by or detailed to the Committee. "(d) When matters are to be considered by the Committee which affect the interests of Federal agencies the heads of which are not members of the Committee, the Chairman of the Committee shall invite such agency heads to participate in the deliberations of the Committee. "SEC. 102. Functions of the Committee. (a) The Committee shall study the plans and programs of Federal agencies affecting consumer interests. The Committee shall make recommendations to the President on questions of policy relating to consumer affairs; may conduct studies of matters related to consumer interests; and shall encourage and assist Federal agencies to accomplish effective coordination of plans and programs affecting consumers. "(b) In carrying out the provisions of subsection (a) of this section, the Committee shall, as far as may be practicable, advise Federal agencies with respect to the effect of their respective plans and programs on consumer matters, and may suggest to such agencies procedures which the Committee believes will better protect consumer interests. Such plans and programs may include, but shall not be limited to, those relating to (1) the scope of Federal action in consumer matters, and (2) cooperation with the States and their local subdivisions and With private organizations and individuals in areas of consumer interest. "SEC. 103. Assistance and cooperation. (a) The Federal agencies headed by the officers composing the Committee shall, as may be necessary for effectuating the purposes of this order, furnish assistance to the Committee in accordance with Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691). "(b) Upon request of the Chairman of the Committee, each Federal agency shall, to the extent consistent with law, furnish information, data, and reports needed by the Committee to accomplish the purposes of this order. "(c) All Federal officials, in carrying out their statutory responsibilities and programs, shall be mindful of the objectives of this order, and shall take such measures, consistent with their authorities and available funds, as will assist in effectuating the consumer programs with which they are concerned. "(d) The Department of Labor shall provide administrative services for the Committee on a reimbursable basis. "SEC. 101. Construction. Nothing in this order shall be construed as subjecting any function vested by law in, or assigned pursuant to law to, any Federal agency or the head thereof to the authority of any other agency or officer or as abrogating or restricting any such function in any manner. PART II. CONSUMER ADVISORY COUNCIL "Sec. 201. Establishment of Council. There is hereby established the Consumer Advisory Council (hereinafter referred to as the 'Council') which shall be composed of not more than 12 members appointed by the President. The President shall designate the Chairman of the Council from among its members. Initial appointments to membership on the Council shall be for two-year terms. Successors shall be appointed for terms of one or two years, as specified by the President, and all appointments thereafter shall be for two-year terms. Any person chosen to fill a vacancy shall be appointed for the unexpired term of the member whom he succeeds. "SEC. 202. Duties and responsibilities. (a) The Council shall advise the President and the Committee on matters relating to the consumer interest. "(b) The Council shall advise and assist the Committee in evaluating the progress made in carrying out the functions of the Committee and recommend to the Committee, as necessary, action to accelerate such progress. "(c) The Chairman of the Council, through the Chairman of the Committee, may request information relating to the functions of the Committee as set forth in Section 102(a) above, and the Council, on its own motion, may initiate consideration of items which relate to carrying out those functions. "(d) The Chairman of the Committee shall be responsible for assuring that the meetings and other activities of the Council are carried out in accordance with the relevant provisions of Executive Order No. 11007 of February 26, 1962. "SEC. 203. Expenses. Expenses of the Council shall be met from funds available to the Committee. Members of the Council shall, for each day a member is engaged in meetings or is, with the approval of the Chairman of the Committee, engaged in other work in pursuance of this order, receive compensation at a rate determined by the Chairman of the Committee, and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 3109; 5 U.S.C. 5703)." LYNDON B. JOHNSON The White House May 1, 1967

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Referenced By Later Executive Orders (1)

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

Richard Nixon • 1971-02-24
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Scholarly & Legal Citations

Exec. Order No. 11,349 (May 1, 1967), https://executiveordersarchive.org/orders/app-executive-order-11349-amending-executive-order-no-11136-relating-the-presidents-commission.