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Executive Order 11394 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11394—Establishing the President's Commission for the Observance of Human Rights Year 1968

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Tuesday, January 30, 1968
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4 min read (852 words)

Executive Brief • At a Glance

⏱️ 4 min read (852 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the President's Commission for the Observance of Human Rights Year 1968 (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
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities

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 January 30, 1968, this order concerns Establishing the President's Commission for the Observance of Human Rights Year 1968. Establishment of Commission. (a) There is hereby established the President's Commission for the Observance of Human Rights Year 1968 (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Staff Director for the…

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 the President's Commission for the Observance of Human Rights Year 1968 (hereinafter referred to as the "Commission").

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The Commission shall be composed of the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Staff Director for the Commission on Civil Rights (42 U.S.C. 1975d (a)), the Chairman of the Equal Employment Opportunity Commission, and ten other members to be appointed by the President from public or private life.

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The President shall designate the chairman and the vice chairman of the Commission from among its members.

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Members of the Commission who are otherwise employed by the United States shall receive no additional compensation by reason of their service to the Commission.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ Public Health & Medical Institutions
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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
50 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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

High Friction

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

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
852
5,286 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
15.8
College Level
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS the United Nations General Assembly has designated the year 1968 as International Human Rights Year to commemorate the 20th Anniversary of the adoption of the Universal Declaration of Human Rights; and WHEREAS the United States has sought in its national and international policies to promote the principles of the Universal Declaration of Human Rights in accordance with its heritage of civil and political liberties and in recognition of the human rights of all without distinction of race, color, creed, sex, or national origin; and WHEREAS, by Proclamation No. 3814 of October 11, 1967, I have designated 1968 as Human Rights Year; Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of Commission. (a) There is hereby established the President's Commission for the Observance of Human Rights Year 1968 (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, the Staff Director for the Commission on Civil Rights (42 U.S.C. 1975d (a)), the Chairman of the Equal Employment Opportunity Commission, and ten other members to be appointed by the President from public or private life. The President shall designate the chairman and the vice chairman of the Commission from among its members. (c) Members of the Commission who are otherwise employed by the United States shall receive no additional compensation by reason of their service to the Commission. Members who are not so employed shall serve without compensation, but shall be entitled to receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons so serving. SEC. 2. Functions of the Commission. (a) The Commission shall promote the effective observance in the United States of 1968 as the 20th Anniversary of the United Nations Universal Declaration of Human Rights. To this end the Commission shall seek to create a better understanding of the principles of human rights as expressed in the Universal Declaration, the United States Declaration of Independence, the Constitution and laws of the United States, and the Constitutions and laws of the several States of the United States. (b) The Commission shall provide a focus for the interest of official bodies, Federal, State, and local, which share its purpose. It shall also enlist the cooperation of educational institutions, foundations, mass media, civic, labor, and other organizations which plan to participate in the observance of International Human Rights Year. (c) The Commission may conduct such other activities as it may deem appropriate to provide for the effective participation of the United States in the celebration of International Human Rights Year. Such activities may include, but need not be limited to, (i) conducting studies, (ii) issuing reports and other publications, and (iii) holding meetings, both public and private, at such times as the Chairman shall determine. (d) The Commission shall report from time to time to the President on the progress made in the observance of International Human Rights Year in the United States. The final report of the Commission shall be made to the President on or before the date which occurs one year after the date of this order and the Commission shall be deemed to be terminated on the date which so occurs. SEC. 3. Assistance and cooperation. (a) As may be necessary, each Federal agency, an officer of which is a member of the Commission, may furnish assistance to the Commission in accordance with the provisions of section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691), or as otherwise permitted by law. The Department of State is hereby designated as the agency which shall provide the Commission with necessary administrative services and facilities. (b) The Commission is authorized to request any agency of the executive branch of the Government to furnish the Commission such information and advice as may be useful to it for the fulfillment of its functions under this order. Each such agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish such information and advice to the Commission upon request of the Chairman or Executive Director of the Commission. (c) Upon request of the Chairman or Executive Director of the Commission each agency of the executive branch of the Government shall otherwise cooperate with the Commission in carrying out the provisions of this order and shall provide the Commission with such additional assistance and service as it may be able to provide. (d) The Commission shall invite the cooperation of the United States National Commission for UNESCO with a view to coordinating its activities with those of the United States National Commission for UNESCO. SEC. 4. Commission staff. The Commission shall have an executive director who shall receive such compensation as may hereafter be specified, and it is authorized to obtain services in accordance with the provisions of 5 U.S.C. 3109. LYNDON B. JOHNSON The White House January 30, 1968

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 11,394 (Jan. 30, 1968), https://executiveordersarchive.org/orders/app-executive-order-11394-establishing-the-presidents-commission-for-the-observance-human.