By virtue of the authority vested in me by section 3 (b) of the Act of November 6, 1966 (P.L. 89-774; 80 Stat. 1352; 40 U.S.C. 672 (b)) and by section 301 of title 3 of the United States Code, it is ordered as follows: SECTION 1. (a) There are hereby transferred to the Washington Metropolitan Area Transit Authority, effective on September 30, 1967, (i) all real and personal property, studies, and reports of the National Capital Transportation Agency, (ii) the records of that Agency, except records relating to individual employees or officers, and (iii) so much of the other assets, and so much of the liabilities, of that Agency as the Director of the Bureau of the Budget shall determine. (b) Such measures and dispositions as may be necessary to effectuate the transfers provided for in subsection (a) of this section shall be carried out by the Director of the Bureau of the Budget or by such officers and agencies of the Executive Branch of the Government as he may designate therefor under the authority of this subsection. SEC. 2. The authority conferred upon the President by the provisions of the above-mentioned section 3(b) to make provision for the transfer to the Washington Metropolitan Area Transit Authority of the unexpended balance of the appropriations, and of other funds, of the National Capital Transportation Agency is hereby delegated to the Director of the Bureau of the Budget. LYNDON B. JOHNSON The White House September 20, 1967
Executive Order 11373 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 11373—Providing for Certain Transfers From the National Capital Transportation Agency to the Washington Metropolitan Area Transit Authority
Executive Brief • At a Glance
⏱️ 1 min read (246 words) •
● In Effect
🎯 Primary Mandate
There are hereby transferred to the Washington Metropolitan Area Transit Authority, effective on September 30, 1967, (i) all real and personal property, studies, and reports of the National Capital Transportation Agency, (ii) the records of that Agency, except records relating to individual employees or officers, and (iii) so much of the other assets, and so much of the liabilities, of that Agency as the Director of the Bureau of the Budget shall determine.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
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 September 20, 1967, this order concerns Providing for Certain Transfers From the National Capital Transportation Agency to the Washington Metropolitan Area Transit Authority. There are hereby transferred to the Washington Metropolitan Area Transit Authority, effective on September 30, 1967, (i) all real and personal property, studies, and reports of the National Capital Transportation Agency, (ii) the records of that Agency, except records relating to individual employees or officers, and (iii) so much of the other assets, and so much of the liabilities, of that Agency as the Director…
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
▪
There are hereby transferred to the Washington Metropolitan Area Transit Authority, effective on September 30, 1967, (i) all real and personal property, studies, and reports of the National Capital Transportation Agency, (ii) the records of that Agency, except records relating to individual employees or officers, and (iii) so much of the other assets, and so much of the liabilities, of that Agency as the Director of the Bureau of the Budget shall determine.
▪
Such measures and dispositions as may be necessary to effectuate the transfers provided for in subsection (a) of this section shall be carried out by the Director of the Bureau of the Budget or by such officers and agencies of the Executive Branch of the Government as he may designate therefor under the authority of this subsection.
▪
The authority conferred upon the President by the provisions of the above-mentioned section 3(b) to make provision for the transfer to the Washington Metropolitan Area Transit Authority of the unexpended balance of the appropriations, and of other funds, of the National Capital Transportation Agency is hereby delegated to the Director of the Bureau of the Budget.
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
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 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
42 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
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
246
1,461 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.5
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11372 Sep 18, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11372—Designating the Lake Ontario Claims Tribunal as a Public International Organization Entitled to Enjoy Certain Privileges, Exemptions, and Immunities
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby designate the Lake Ontario Claims Tribunal as a public international organization entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act.
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11371 Sep 6, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11371—Establishment of the New England River Basins Commission
📜 Art. II §2: Commander-in-Chief Supervisory Authority
New England River Basins Commission. It is hereby declared that the New England River Basins 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 11374 Oct 11, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11374—Abolishing the Missile Sites Labor Commission and Providing for the Performance of its Functions
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Missile Sites Labor Commission is hereby abolished, and its functions and responsibilities are transferred to the Federal Mediation and Conciliation Service. SEC. 2.
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11370 Aug 30, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11370—Inspection of Income, Estate, and Gift Tax Returns by the Committee on Public Works, House of Representatives
📜 Art. I §8: Delegated Tariff & Commerce Execution
Any income, estate, or gift tax return for the years 1956 to 1968, inclusive, shall, during the Ninetieth Congress, be open to inspection by the Committee on Public Works, House of Representatives, or any duly authorized subcommittee thereof, in connection with its…
Lyndon B. Johnson College Level • 1m
EO 11369 Aug 29, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11369—Placing Additional Positions in Level V of the Federal Executive 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: (15) Administrator, Social and Rehabilitation Service, Department of Health, Education, and Welfare.
Lyndon B. Johnson College Level • 1m
EO 11375 Oct 13, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11375—Amending Executive Order No. 11246, Relating to Equal Employment Opportunity
📜 5th Amend: Regulatory Execution with Due Process
Executive Order No. 11246 of September 24, 1965, be amended as follows: (1) Section 101 of Part I, concerning nondiscrimination in Government employment, is revised to read as follows: "SECTION 101.
Lyndon B. Johnson Post-Graduate Legal • 4m
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Scholarly & Legal Citations
Exec. Order No. 11,373 (Sept. 20, 1967), https://executiveordersarchive.org/orders/app-executive-order-11373-providing-for-certain-transfers-from-the-national-capital.
