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Executive Orders Historical Archive
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Executive Order 11365 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11365—Establishing a National Advisory Commission on Civil Disorders

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Saturday, July 29, 1967
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3 min read (625 words)

Executive Brief • At a Glance

⏱️ 3 min read (625 words) • ● In Effect
🎯 Primary Mandate

There is hereby established a National Advisory Commission on Civil Disorders (hereinafter referred to as the "Commission").

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

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 July 29, 1967, this order concerns Establishing a National Advisory Commission on Civil Disorders. Establishment of the Commission. (a) There is hereby established a National Advisory Commission on Civil Disorders (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of The Honorable Otto Kerner, Chairman The Honorable John V. Lindsay, Vice Chairman Senator Fred R. Harris Senator Edward W. Brooke Congressman James C. Corman Congressman William M. McCulloch I. W. Abel Charles B.…

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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There is hereby established a National Advisory Commission on Civil Disorders (hereinafter referred to as the "Commission").

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The Commission shall be composed of The Honorable Otto Kerner, Chairman The Honorable John V. Lindsay, Vice Chairman Senator Fred R. Harris Senator Edward W. Brooke Congressman James C. Corman Congressman William M. McCulloch I. W. Abel Charles B. Thornton Roy Wilkins The Honorable Katherine Graham Peden Herbert Jenkins The President from time to time may appoint additional members to the Commission.

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The Commission shall investigate and make recommendations with respect to: (1) The origins of the recent major civil disorders in our cities, including the basic causes and factors leading to such disorders and the influence, if any, of organizations or individuals dedicated to the incitement or encouragement of violence.

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The Commission is authorized to request, at the direction of the Chairman, from any executive department or agency any information and assistance deemed necessary to carry out its functions under this order.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
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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
35 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

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
625
4,015 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.2
College Level
Language Tone Score
+0.29
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, it is ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established a National Advisory Commission on Civil Disorders (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of The Honorable Otto Kerner, Chairman The Honorable John V. Lindsay, Vice Chairman Senator Fred R. Harris Senator Edward W. Brooke Congressman James C. Corman Congressman William M. McCulloch I. W. Abel Charles B. Thornton Roy Wilkins The Honorable Katherine Graham Peden Herbert Jenkins The President from time to time may appoint additional members to the Commission. SEC. 2. Functions of the Commission. (a) The Commission shall investigate and make recommendations with respect to: (1) The origins of the recent major civil disorders in our cities, including the basic causes and factors leading to such disorders and the influence, if any, of organizations or individuals dedicated to the incitement or encouragement of violence. (2) The development of methods and techniques for averting or controlling such disorders, including the improvement of communications between local authorities and community groups, the training of state and local law enforcement and National Guard personnel in dealing with potential or actual riot situations, and the coordination of efforts of the various law enforcement and governmental units which may become involved in such situations; (3) The appropriate role of the local, state and Federal authorities in dealing with civil disorders; and (4) Such other matters as the President may place before the Commission. SEC. 3. Cooperation by Executive Departments and Agencies. The Commission is authorized to request, at the direction of the Chairman, from any executive department or agency any information and assistance deemed necessary to carry out its functions under this order. Each department or agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish information and assistance to the Commission. The Federal Bureau of Investigation, in particular, shall provide investigative information and assistance. SEC. 4. Compensation, Personnel, and Finance. (a) Members of the Commission who are Members of Congress shall receive no additional compensation by virtue of membership on the Commission, but, as permitted by law, may be reimbursed for travel, subsistence and other necessary expenses incurred by them in the performance of the duties vested in the Commission. Other members of the Commission shall receive $100 per day when engaged in the performance of duties pursuant to this order, and shall be allowed travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons intermittently employed. (b) The Commission shall have an Executive Director who shall be designated by the President and shall receive such compensation as may hereafter be specified. The Commission is authorized to appoint and fix the compensation of such other personnel as may be necessary to enable it to carry out its functions, and is authorized to obtain services in accordance with the provisions of 5 U.S.C. 3109. (c) All necessary expenses incurred in connection with the work of the Commission shall be paid from the "Emergency Fund for the President" or such other appropriated funds as may be available for the purposes of the Commission. SEC. 5. Administrative Services. The General Services Administration shall provide administrative services for the Commission on a reimbursable basis. SEC. 6. Reports and Termination. The Commission shall make an interim report as to its findings of fact not later than March 1, 1968, and shall present its final report and recommendations not later than one year from the date of this order. It shall terminate upon presenting its final report and recommendations. LYNDON B. JOHNSON The White House July 29, 1967 Cabinet Room, 12:20 p.m.

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Scholarly & Legal Citations

Exec. Order No. 11,365 (July 29, 1967), https://executiveordersarchive.org/orders/app-executive-order-11365-establishing-national-advisory-commission-civil-disorders.