By virtue of the authority vested in me by the District of Columbia Alley Dwelling Act, as amended (D.C. Code, § 5-103 to 5-116, inclusive), I hereby designate the Commissioner of the District of Columbia as the Authority to carry out the provisions of the said Act. Such Authority shall be deemed a continuation of the Authority heretofore designated under Executive Order No. 6868 of October 9, 1934, as amended. In carrying out his functions as such Authority, the Commissioner shall be known as the "National Capital Housing Authority". The Assistant to the Commissioner of the District of Columbia shall, to the extent the Commissioner may direct, act for him in carrying out the functions of the Authority, and, during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commissioner, the Assistant to the Commissioner shall act as the Authority. Executive Order No. 6868 of October 9, 1934, as amended by Executive Orders Nos. 7784–A of January 5, 1938, 8033 of January 11, 1939, 9344 of May 21, 1943, 9916 of December 31, 1947, and 10128 of June 2, 1950, is modified to the extent provided herein. LYNDON B. JOHNSON The White House March 13, 1968
Executive Order 11401—Modifying Executive Order No. 6868 of October 9, 1934, as Amended, Designating the Authority to Carry Out the Provisions of the District of Columbia Alley Dwelling Act
Executive Brief • At a Glance
I hereby designate the Commissioner of the District of Columbia as the Authority to carry out the provisions of the said Act.
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 13, 1968, this order concerns Modifying Executive Order No. 6868 of October 9, 1934, as Amended, Designating the Authority to Carry Out the Provisions of the District of Columbia Alley Dwelling Act. I hereby designate the Commissioner of the District of Columbia as the Authority to carry out the provisions of the said Act. Such Authority shall be deemed a continuation of the Authority heretofore designated under Executive Order No. 6868 of October 9, 1934, as amended. In carrying out his functions as such Authority, the Commissioner shall be known as the "National Capital Housing Authority".
Key Directives & Operative Actions
I hereby designate the Commissioner of the District of Columbia as the Authority to carry out the provisions of the said Act.
Such Authority shall be deemed a continuation of the Authority heretofore designated under Executive Order No. 6868 of October 9, 1934, as amended.
In carrying out his functions as such Authority, the Commissioner shall be known as the "National Capital Housing Authority".
The Assistant to the Commissioner of the District of Columbia shall, to the extent the Commissioner may direct, act for him in carrying out the functions of the Authority, and, during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commissioner, the Assistant to the Commissioner shall act as the Authority.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 11,401 (Mar. 13, 1968), https://executiveordersarchive.org/orders/app-executive-order-11401-modifying-executive-order-no-6868-october-9-1934-amended-designating.