Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
This executive order, signed by President Lyndon B. Johnson on 1968-01-15, establishes federal administrative policy concerning "Designation of Officers of the Department of Commerce to Act as Secretary of Commerce." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.
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
▪By virtue of the authority vested in me by section 3347 of title 5 of the United States Code and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1.
▪If no such order of succession is in effect at that time, they shall act as Secretary in the order in which they shall have taken office as Assistant Secretaries or General Counsel.
Exec. Order No. 11388, Lyndon B. Johnson (Jan 15, 1968). Available at https://executiveordersarchive.org/orders/app-executive-order-11388-designation-officers-the-department-commerce-act-secretary-commerce.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by section 3347 of title 5 of the United States Code and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. During any period when by reason of absence, disability, or vacancy in office, neither the Secretary of Commerce nor the Under Secretary of Commerce is available to exercise the powers or perform the duties of the office of Secretary, an Assistant Secretary of Commerce or the General Counsel of the Department of Commerce, in such order as the Secretary of Commerce may from time to time prescribe, shall act as Secretary. If no such order of succession is in effect at that time, they shall act as Secretary in the order in which they shall have taken office as Assistant Secretaries or General Counsel. SEC. 2. This order supersedes Executive Order No. 10148 of August 5, 1950. LYNDON B. JOHNSON The White House January 15, 1968