WHEREAS disputes exist between the carriers represented by the National Railway Labor Conference, designated in List A attached hereto and made a part hereof, and certain of their employees represented by the Order of Railway Conductors and Brakemen, a labor organization; and WHEREAS these disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS these disputes, in the judgment of the National Mediation Board, threaten substantially to interrupt interstate commerce to a degree such as to deprive the country of essential transportation service: Now, THEREFORE, by virtue of the authority vested in me by Section 10 of the Railway Labor Act, as amended (45 U.S.C. 160), 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. The Board shall report its findings to the President with respect to the disputes within thirty days from the date of this order. As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which the disputes arose. LYNDON B. JOHNSON The White House May 30, 1967 LIST A EASTERN RAILROADS Baltimore and Ohio Railroad Company, (Excluding BR&P Territory) Strouds Creek and Muddlety Railroad Company Central Railroad Company of New Jersey Delaware and Hudson Railroad Corporation Detroit and Toledo Shore Line Railroad Grand Trunk Western Railroad Lehigh & New England Railway Company Lehigh Valley Railroad Maine Central Railroad Company Monon Railroad Monongahela Railway New York Central System New York Central Railroad Pittsburgh & Lake Erie Railroad Including Lake Erie & Eastern Railroad New York, Susquehanna and Western Railroad Norfolk and Western Railway Company (Lines of former New York, Chicago and St. Louis Railroad Company) Reading Company WESTERN RAILROADS Atchison, Topeka and Santa Fe Railway Company Camas Prairie Railroad Chicago and North Western Railway Company Chicago, Burlington & Quincy Railroad Chicago Great Western Railway Chicago, Milwaukee, St. Paul & Pacific Railroad Company (System) Colorado and Southern Railway Company Denver and Rio Grande Western Railroad Company Duluth, Missabe and Iron Range Railway Company Elgin, Joliet and Eastern Railway Great Northern Railway Illinois Central Railroad Joint Texas Division of CRI&P—FW&D Railway Company Kansas City Southern Railway Company Louisiana & Arkansas Railway Company Missouri-Kansas-Texas Railroad Company Missouri Pacific Railroad Company Missouri-Illinois Railroad Company Norfolk and Western Railway Company (Lines formerly operated by the Wabash Railroad Company, identified as Lines West of Detroit) Northern Pacific Railway Northwestern Pacific Railroad Company Oregon, California & Eastern Railway Company Pacific Coast Railroad Company St. Louis-San Francisco Railway San Diego & Arizona Eastern Railway Company Soo Line Railroad Company Southern Pacific Company Former El Paso and Southwestern System Texas and Louisiana Lines Spokane International Railroad Spokane, Portland and Seattle Railway Company (System Lines) Texas and Pacific Railway Company Abilene & Southern Railway Company Kansas, Oklahoma & Gulf Railway Company Texas-New Mexico Railway Company Weatherford, Mineral Wells and Northwestern Railway Company Union Pacific Railroad Company Western Pacific Railroad Company SOUTHEASTERN RAILROADS Atlantic Coast Line Railroad Company Central of Georgia Railway Company Chesapeake and Ohio Railway Company Clinchfield Railroad Company Georgia Railroad Gulf, Mobile and Ohio Railroad Company Louisville and Nashville Railroad Company Norfolk and Western Railway Company (Atlantic and Pocahontas Regions) Norfolk Southern Railway Company Richmond, Fredericksburg and Potomac Railroad Company Seaboard Air Line Railroad Company Southern Railway Company Alabama Great Southern Railroad Company Cincinnati, New Orleans and Texas Pacific Railway Company Georgia Southern and Florida Railway Company New Orleans and Northeastern Railroad Company Tennessee Central Railway Company
Executive Order 11356 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 11356—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
Executive Brief • At a Glance
⏱️ 3 min read (634 words) •
● In Effect
🎯 Primary Mandate
I hereby create a board of three members, to be appointed by me, to investigate these disputes.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
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 30, 1967, this order concerns Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees. 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. The Board shall report its findings to the President with respect to the disputes within thirty days from the date of this order.
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 three members, to be appointed by me, to investigate these disputes.
▪
The Board shall report its findings to the President with respect to the disputes within thirty days from the date of this order.
▪
As provided by Section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the carriers represented by the National Railway Labor Conference, or by their employees, in the conditions out of which the disputes arose.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
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
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
634
4,388 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
34.5
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11355 Revoked May 26, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11355—Amending Executive Order No. 10647 Respecting Certain Appointments Under the Defense Production Act of 1950
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The first sentence of subsection 305 (a) of Executive Order No. 10647 of November 28, 1955, is amended to read: "At least once every twelve months the Chairman of the Civil Service Commission shall survey appointments made under section 710 (b) (1) of the Act." 2.
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EO 11358 Jun 6, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11358—Inspection of Income, Excess-Profits, Estate, and Gift Tax Returns by the Committee on Un-American Activities, House of Representatives
📜 Art. I §8: Delegated Tariff & Commerce Execution
Any income, excess-profits, estate, or gift tax return for the years 1948 to 1967, inclusive, shall, during the Ninetieth Congress, be open to inspection by the Committee on Un-American Activities, House of Representatives, or any duly authorized subcommittee thereof, for the…
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EO 11357 Jun 6, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11357—Administration of the National Traffic and Motor Vehicle Safety Act Through the National Highway Safety Bureau and its Director
📜 Art. II §1: Executive Discretion & Internal Operations
The provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718, 943), shall be carried out through the National Highway Safety Bureau and the Director thereof.
Lyndon B. Johnson High School • 1m
EO 11354 May 23, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11354—Amending Executive Order No. 11030 of June 19, 1962, with Respect to the Preparation of Presidential Proclamations
📜 Art. II §3: Administrative Management & Civil Service
Of Executive Order No. 11030 of June 19, 1962, relating to the preparation of Executive orders and proclamations (1 CFR 7.1), is hereby amended by adding at the end thereof the following: "(g) Proclamations issued by the President shall conclude with the following-described…
Lyndon B. Johnson High School • 1m
EO 11353 May 23, 1967
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11353—Establishing the President's Advisory Council on Cost Reduction
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Establishment of the Council. (a) There is hereby established the President's Advisory Council on Cost Reduction (hereinafter referred to as the Council).
Lyndon B. Johnson Post-Graduate Legal • 3m
EO 11352 May 22, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11352—Suspending a Provision of Section 5751(b) of Title 10, United States Code, Which Relates to Officers of the Marine Corps in the Grade of Lieutenant Colonel
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby suspend the provision of section 5751 (b) of title 10 of the United States Code which relates to the service-in-grade requirement for officers of the Marine Corps in the grade of lieutenant colonel for eligibility for consideration by a selection board for promotion to…
Lyndon B. Johnson Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,356 (May 30, 1967), https://executiveordersarchive.org/orders/app-executive-order-11356-creating-emergency-board-investigate-disputes-between-the-carriers.
