By virtue of the authority vested in me as President of the United States, it is ordered that Executive Order No. 10807 of March 13, 1959, entitled "Federal Council for Science and Technology," be, and it is hereby, amended by substituting for subsection (b) of section 1 thereof the following: "(b) The Council shall be composed of the Special Assistant to the President for Science and Technology and one representative of each of the following: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Atomic Energy Commission, National Aeronautics and Space Administration, and National Science Foundation. Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned, and, in the case of the Atomic Energy Commission, shall be its Chairman or another member Of the Commission designated by the Chairman of the Commission. A representative of the Director of the Bureau of the Budget designated by the Director may attend meetings of the Council as an observer." LYNDON B. JOHNSON The White House November 8, 1967
Executive Order 11381 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11381—Amending Executive Order No. 10807 of March 13, 1959, Relating to the Federal Council for Science and Technology
Executive Brief • At a Glance
⏱️ 1 min read (196 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 10807 of March 13, 1959, entitled "Federal Council for Science and Technology," be, and it is hereby, amended by substituting for subsection (b) of section 1 thereof the following: "(b) The Council shall be composed of the Special Assistant to the President for Science and Technology and one representative of each of the following: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Atomic Energy Commission, National Aeronautics and Space Administration, and National Science Foundation.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities 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 November 8, 1967, this order concerns Amending Executive Order No. 10807 of March 13, 1959, Relating to the Federal Council for Science and Technology. Executive Order No. 10807 of March 13, 1959, entitled "Federal Council for Science and Technology," be, and it is hereby, amended by substituting for subsection (b) of section 1 thereof the following: "(b) The Council shall be composed of the Special Assistant to the President for Science and Technology and one representative of each of the following: Department of Agriculture, Department of Commerce, Department of…
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
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Executive Order No. 10807 of March 13, 1959, entitled "Federal Council for Science and Technology," be, and it is hereby, amended by substituting for subsection (b) of section 1 thereof the following: "(b) The Council shall be composed of the Special Assistant to the President for Science and Technology and one representative of each of the following: Department of Agriculture, Department of Commerce, Department of Defense, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of State, Department of Transportation, Atomic Energy Commission, National Aeronautics and Space Administration, and National Science Foundation.
▪
Each such representative shall be an official of policy rank designated by the head of the Federal agency concerned, and, in the case of the Atomic Energy Commission, shall be its Chairman or another member Of the Commission designated by the Chairman of the Commission.
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A representative of the Director of the Bureau of the Budget designated by the Director may attend meetings of the Council as an observer."
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Public Health & Medical Institutions
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
37 / 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
High Friction
Federalism & State Sovereignty
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
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
196
1,259 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
21.4
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 10807 Mar 13, 1959
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 10807—Federal Council for Science and Technology
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Establishment of Council. (a) There is hereby established the Federal Council for Science and Technology (hereinafter referred to as the Council).
Dwight D. Eisenhower Post-Graduate Legal • 6m
EO 11380 Nov 8, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11380—Amending Prior Executive Orders Relating to Mutual Educational and Cultural Exchange and to Allowances and Benefits for Government Personnel on Overseas Duty
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order No. 11034 of June 25, 1962, is hereby amended as follows: (1) By changing the period at the end of section 1 (b) to a comma and by inserting after that comma the following: "excluding, however, the reports for which the Director of the United States Information…
Lyndon B. Johnson Post-Graduate Legal • 3m
EO 11379 Nov 8, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11379—Designating Officials to Act as Commissioner of the District of Columbia
📜 Art. I §8: Delegated Tariff & Commerce Execution
The following-designated officials of the District of Columbia shall, in the order of succession indicated, act as Commissioner of the District of Columbia during the absence from duty or disability of the Commissioner of the District of Columbia or in the event of a vacancy in…
Lyndon B. Johnson High School • 1m
EO 11378 Oct 31, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11378—Exemption of Daniel J. Quill From Compulsory Retirement for Age
📜 Art. II §3: Administrative Management & Civil Service
I hereby exempt Daniel J. Quill from compulsory retirement for age for a period of three years. Except as the authority vested in the President by Title V of the law, is specifically exercised in this Order, nothing contained in this Order shall be deemed to limit or restrict…
Lyndon B. Johnson High School • 1m
EO 11377 Oct 23, 1967
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11377—Providing for Tariff Commission Reports Regarding the Estimated Consumption of Certain Brooms
📜 Art. I §8: Delegated Tariff & Commerce Execution
In order to assist the President in the exercise of his authority under headnote 3 to schedule 7, part 8, subpart A, of the Tariff Schedules of the United States (79 Stat. 948; 19 U.S.C. 1202), the United States Tariff Commission shall keep under review developments with regard…
Lyndon B. Johnson High School • 1m
EO 11382 Nov 28, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11382—Amendment of Executive Orders Relating to Functions of the Department of Transportation
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Classified information. (a) Executive Order No. 10501 of November 5, 1953, as amended, is further amended by— (1) inserting "Department of Transportation" in the list of departments and agencies in subsection (a) of section 2 thereof after "Department of Labor" and (2) deleting…
Lyndon B. Johnson College Level • 9m
📜
Scholarly & Legal Citations
Exec. Order No. 11,381 (Nov. 8, 1967), https://executiveordersarchive.org/orders/app-executive-order-11381-amending-executive-order-no-10807-march-13-1959-relating-the-federal.
