WHEREAS the problem of crime in America today presents the Nation with a major challenge calling for maximum law enforcement efforts at every level of Government; WHEREAS coordination of all Federal criminal law enforcement activities and crime prevention programs is desirable in order to achieve more effective results; WHEREAS the Federal Government has acknowledged the need to provide assistance to State and local law enforcement agencies in the development and administration of programs directed to the prevention and control of crime; WHEREAS to provide such assistance the Congress has authorized various departments and agencies of the Federal Government to develop programs which may benefit State and local efforts directed at the prevention and control of crime, and the coordination of such programs is desirable to develop and administer them most effectively; and WHEREAS the Attorney General, as the chief law officer of the Federal Government, is charged with the responsibility for all prosecutions for violations of the Federal criminal statutes and is authorized under the Law Enforcement Assistance Act of 1965 (79 Stat. 828) to cooperate with and assist State, local, or other public or private agencies in matters relating to law enforcement organization, techniques and practices, and the prevention and control of crime: Now, THEREFORE, by virtue of the authority vested in the President by the Constitution and laws of the United States, it is ordered as follows: SECTION 1. The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities. The Attorney General may promulgate such rules and regulations and take such actions as he shall deem necessary or appropriate to carry out his functions under this Order. SEC. 2. Each Federal department and agency is directed to cooperate with the Attorney General in the performance of his functions under this Order and shall, to the extent permitted by law and within the limits of available funds, furnish him such reports, information, and assistance as he may request. LYNDON B. JOHNSON The White House February 7, 1968
Executive Order 11396 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 11396—Providing for the Coordination by the Attorney General of Federal Law Enforcement and Crime Prevention Programs
Executive Brief • At a Glance
⏱️ 2 min read (383 words) •
● In Effect
🎯 Primary Mandate
The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ 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 February 7, 1968, this order concerns Providing for the Coordination by the Attorney General of Federal Law Enforcement and Crime Prevention Programs. The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and…
Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.
Key Directives & Operative Actions
▪
The Attorney General is hereby designated to facilitate and coordinate (1) the criminal law enforcement activities and crime prevention programs of all Federal departments and agencies, and (2) the activities of such departments and agencies relating to the development and implementation of Federal programs which are designed, in whole or in substantial part, to assist State and local law enforcement agencies and crime prevention activities.
▪
The Attorney General may promulgate such rules and regulations and take such actions as he shall deem necessary or appropriate to carry out his functions under this Order.
▪
Each Federal department and agency is directed to cooperate with the Attorney General in the performance of his functions under this Order and shall, to the extent permitted by law and within the limits of available funds, furnish him such reports, information, and assistance as he may request.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Foreign Nations & International Entities
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 1 (Maximum Authority)
§
"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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
35 / 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
Low Friction
Youngstown Jacksonian Tier
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%).
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
383
2,475 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
30.9
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11397 Feb 9, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11397—Authorizing Transitional Appointments of Veterans Who Have Served During the Vietnam Era
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Under such regulations as the Civil Service Commission may prescribe, the head of an agency may make an excepted appointment (to be known as a "transitional appointment") to any position in the competitive service at GS-5 or below, or the equivalent thereof, of a veteran or…
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EO 11395 Jan 31, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11395—Further Amending Executive Order No. 10713, Providing for Administration of the Ryukyu Islands
📜 Art. II §2: Commander-in-Chief Supervisory Authority
By virtue of the authority vested in me by the Constitution, and as President of the United States and Commander in Chief of the armed forces of the United States, subsection (b) of section 8 of Executive Order No. 10713 of June 5, 1967, as amended by Executive Order No. 11010…
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EO 11394 Jan 30, 1968
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11394—Establishing the President's Commission for the Observance of Human Rights Year 1968
📜 5th Amend: Regulatory Execution with Due Process
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").
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EO 11393 Jan 25, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11393—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Section 2 of Executive Order No. 11248 of October 10, 1965, as amended by Executive Order No. 11268 of January 20, 1966, is further amended by substituting for item (6) thereunder the following: "(6) Deputy Director of Defense Research and Engineering, Department of Defense."
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EO 11392 Jan 25, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11392—Ordering Certain Units of the Ready Reserve of the Naval Reserve, Air Force Reserve and Air National Guard of the United States to Active Duty
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following units of the Ready Reserve of the Naval Reserve, the Air Force Reserve and the Air National Guard of the United States to active duty for a period of not to exceed 24 months: ( 1) 113th Tactical Fighter Wing, Air National Guard of the United States.
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EO 11391 Jan 24, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11391—Amending the Selective Service Regulations
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10837 of September 14, 1959, and constituting portions of Part 1655—Registration of United States…
Lyndon B. Johnson Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,396 (Feb. 7, 1968), https://executiveordersarchive.org/orders/app-executive-order-11396-providing-for-the-coordination-the-attorney-general-federal-law.
