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Executive Order 11398 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.47) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11398—Establishing the President's Council on Physical Fitness and Sports

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Monday, March 4, 1968
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5 min read (972 words)

Executive Brief • At a Glance

⏱️ 5 min read (972 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as the Council), which shall be composed of the Vice President, who shall be the Chairman, the Secretary of State, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Housing and Urban Development, the Director of the Office of Economic Opportunity, and the Consultant to the President for Physical Fitness.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 March 4, 1968, this order concerns Establishing the President's Council on Physical Fitness and Sports. President's Council on Physical Fitness and Sports. There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as the Council), which shall be composed of the Vice President, who shall be the Chairman, the Secretary of State, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary…

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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There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as the Council), which shall be composed of the Vice President, who shall be the Chairman, the Secretary of State, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Housing and Urban Development, the Director of the Office of Economic Opportunity, and the Consultant to the President for Physical Fitness.

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When matters which affect the interests of Federal agencies not represented on the Council are to be considered by the Council, the Chairman shall invite the heads of such agencies to participate in the business of the Council.

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The Council shall develop policies designed to: (1) Enlist the active support and assistance of individual citizens, civic groups, professional associations, amateur and professional sport groups, private enterprise, voluntary organizations, and others in efforts to promote and improve physical fitness and sports participation programs for all Americans; (2) Stimulate, improve, and strengthen coordination of Federal services and programs relating to physical fitness and sports participation; (3) Encourage State and local governments in efforts to enhance physical fitness and sports participation; (4) Strengthen the physical fitness of American children, youth, and adults by systematically encouraging the development of community-centered…

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There is hereby established the Citizens Advisory Committee on Physical Fitness and Sports (hereinafter referred to as the Committee), which shall be composed of not more than fifteen members appointed by the President.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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

"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
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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
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

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
972
6,382 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
21.4
Post-Graduate Legal
Language Tone Score
+0.47
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS studies, both private and public, have revealed that, despite progress, there are disturbing deficiencies in the physical fitness of American citizens, particularly the disadvantaged; and WHEREAS physical fitness and sports participation can significantly enhance an individual's sense of well-being, health status and performance as a responsible member of his community; and WHEREAS urbanization of this Nation's population and changes in our rural areas have not been accompanied by a commensurate growth in the opportunities available for participation in sports and other physical fitness activities; and WHEREAS, to keep our Nation moving forward as a vigorous, dynamic people, it is necessary to expand our efforts—both public and private—to foster and encourage participation by youth and adults in physical fitness and sports activities: Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. President's Council on Physical Fitness and Sports. There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as the Council), which shall be composed of the Vice President, who shall be the Chairman, the Secretary of State, the Secretary of Health, Education, and Welfare, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Housing and Urban Development, the Director of the Office of Economic Opportunity, and the Consultant to the President for Physical Fitness. When matters which affect the interests of Federal agencies not represented on the Council are to be considered by the Council, the Chairman shall invite the heads of such agencies to participate in the business of the Council. SEC. 2. Functions of the Council. The Council shall develop policies designed to: (1) Enlist the active support and assistance of individual citizens, civic groups, professional associations, amateur and professional sport groups, private enterprise, voluntary organizations, and others in efforts to promote and improve physical fitness and sports participation programs for all Americans; (2) Stimulate, improve, and strengthen coordination of Federal services and programs relating to physical fitness and sports participation; (3) Encourage State and local governments in efforts to enhance physical fitness and sports participation; (4) Strengthen the physical fitness of American children, youth, and adults by systematically encouraging the development of community-centered and other physical fitness and sports participation programs; (5) Improve school health and physical education programs for all pupils, including the handicapped and the physically underdeveloped, by assisting educational agencies in developing quality programs, encouraging innovation, improving teacher preparation, and strengthening State and local leadership; (6) Develop cooperative programs with medical, dental, and other similar professional societies to encourage and implement sound physical fitness practices; and (7) Stimulate and encourage research in the areas of physical fitness and sports performance. SEC. 3. Citizens Advisory Committee on Physical Fitness and Sports. (a) There is hereby established the Citizens Advisory Committee on Physical Fitness and Sports (hereinafter referred to as the Committee), which shall be composed of not more than fifteen members appointed by the President. The President shall designate the Chairman of the Committee from among its members, and the Committee shall meet on the call of the Chairman. (b) The members of the Committee shall receive no compensation from the United States by reason of their service on the Committee, but they shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. SEC. 4. Functions of the Committee. (a) The Committee shall advise and assist the Council in evaluating progress made in carrying out the provisions of this order and shall recommend to the Council, as necessary, steps to accelerate progress. (b) The Committee shall further advise the Council on matters pertaining to ways and means of enhancing opportunities for participation in physical fitness and sports activities and on State, local, and private action to extend and improve physical activity programs and services. SEC. 5. Federal agencies. (a) The Council and the Committee are authorized to request from any Federal department or agency any information deemed necessary to carry out their functions under this order and to utilize the services and facilities of such departments and agencies to the maximum extent possible; and each department and agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish such information, services, and facilities to the Council and the Committee. (b) Each department or agency the head of which is referred to in section 1 of this order shall, as may be necessary for the purpose of effectuating the provisions of this order, furnish assistance to the Council 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. Expenses of the Committee shall be met from funds available to the Council. (c) The Department of Health, Education, and Welfare shall furnish necessary administrative services for the Council. SEC. 6. Construction. Nothing in this order shall be construed to abrogate, modify, or restrict any function vested by law in, or assigned pursuant to law to, any Federal department or agency or any officer thereof. SEC. 7. Continuity. The Council established by this order shall be deemed to be a continuation of the President's Council on Physical Fitness. SEC. 8. Seal. Executive Order 10830 of July 24, 1959, prescribing a seal for the President's Council on Youth Fitness, as amended by Executive Order 11074 of January 8, 1963, is further amended by adding the words "and Sports" after the word "Fitness" wherever it appears in said order. SEC. 9. Revocation. Executive Order 11074 of January 8, 1963, is hereby revoked. LYNDON B. JOHNSON The White House March 4, 1968

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Referenced By Later Executive Orders (2)

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

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Scholarly & Legal Citations

Exec. Order No. 11,398 (Mar. 4, 1968), https://executiveordersarchive.org/orders/app-executive-order-11398-establishing-the-presidents-council-physical-fitness-and-sports.