By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, it is ordered as follows: Paragraphs 1, 2, and 3 of Executive Order No. 11174 of September 1, 1964, entitled "Establishing the Presidential Service Certificate and the Presidential Service Badge", are hereby amended to read as follows: "1. Certificate established. The White House Service Certificate is hereby reestablished as the Presidential Service Certificate, to be awarded in the name of the President of the United States to members of the Army, Navy, Marine Corps, Air Force, and Coast Guard who have been assigned to the White House for a period of at least one year subsequent to January 20, 1961. "2. Award of the Certificate. The Presidential Service Certificate, the design of which accompanies and is hereby made a part of this Order, shall be awarded by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or, when the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation, to military personnel of their respective services. "3. Badge established. The White House Service Badge is replaced by the Presidential Service Badge, the design of which accompanies and is hereby made a part of this Order. The Presidential Service Badge may be awarded to any member of the Armed Forces assigned to duty in the White House by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or, when the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation, upon recommendation of the Armed Forces Aide to the President, to military personnel of their respective services. The Badge may he worn as a part of the uniform of those individuals upon award of the Presidential Service Certificate under such regulations as the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, with the approval of the Secretary of Defense, and, when the Coast Guard is not operating as a service in the Navy, the Commandant of the Coast Guard, with the approval of the Secretary of Transportation, may severally prescribe." LYNDON B. JOHNSON
Executive Order 11407 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11407—Amending Executive Order No. 11174, Establishing the Presidential Service Certificate and the Presidential Service Badge
Executive Brief • At a Glance
⏱️ 2 min read (381 words) •
● In Effect
🎯 Primary Mandate
Paragraphs 1, 2, and 3 of Executive Order No. 11174 of September 1, 1964, entitled "Establishing the Presidential Service Certificate and the Presidential Service Badge", are hereby amended to read as follows: "1.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments
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 April 23, 1968, this order concerns Amending Executive Order No. 11174, Establishing the Presidential Service Certificate and the Presidential Service Badge. Paragraphs 1, 2, and 3 of Executive Order No. 11174 of September 1, 1964, entitled "Establishing the Presidential Service Certificate and the Presidential Service Badge", are hereby amended to read as follows: "1. Certificate established.
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
▪
Paragraphs 1, 2, and 3 of Executive Order No. 11174 of September 1, 1964, entitled "Establishing the Presidential Service Certificate and the Presidential Service Badge", are hereby amended to read as follows: "1.
▪
The White House Service Certificate is hereby reestablished as the Presidential Service Certificate, to be awarded in the name of the President of the United States to members of the Army, Navy, Marine Corps, Air Force, and Coast Guard who have been assigned to the White House for a period of at least one year subsequent to January 20, 1961.
▪
The Presidential Service Certificate, the design of which accompanies and is hereby made a part of this Order, shall be awarded by the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or, when the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation, to military personnel of their respective services.
▪
The White House Service Badge is replaced by the Presidential Service Badge, the design of which accompanies and is hereby made a part of this Order.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
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 2 (Zone of Twilight)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
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.
Madisonian Stance: Vigilant / Cautionary
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
48 / 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
High Friction
Federalism & State Sovereignty
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
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
Moderate Friction
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.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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
381
2,228 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
22.6
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11174 Sep 1, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11174—Establishing the Presidential Service Certificate and the Presidential Service Badge
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Prior order. The numbered Sections of Executive Order 10879 of June 1, 1960, are hereby amended to read as follows: "1. Certificate established.
Lyndon B. Johnson Post-Graduate Legal • 2m
EO 11408 Apr 25, 1968
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11408—Revoking Executive Order No. 9 of January 17, 1873, and Amendatory Orders, Relating to Dual Federal-State Office Holding, and Executive Order No. 9367 of August 4, 1943, Prohibiting Government Employees From Instructing Persons for Certain Government Examinations
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order No. 9 of January 17, 1873, and Executive Order No. 9367 of August 4,1943, are hereby revoked. SEC. 2. All prior Executive orders insofar as they interpret or amend Executive Order No. 9 are hereby revoked.
Lyndon B. Johnson Post-Graduate Legal • 2m
EO 11409 Apr 29, 1968
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11409—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order No. 11248 of October 10, 1965, as amended, is further amended as follows: 1. Section 1 of that Order, placing certain positions in level IV of the Federal Executive Salary Schedule, is amended:: (a) by deleting " (3) Special Assistant to the Secretary…
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11410 May 6, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11410—Amending Executive Order No. 11183, Establishing the President's Commission on White House Fellowships
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11183 of October 3, 1964, is amended by substituting for the last sentence of subsection (a) of section 1 thereof the following: "One of the members shall be designated by the President to serve as Chairman of the Commission."
Lyndon B. Johnson High School • 1m
EO 11406 Apr 10, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11406—Assigning Authority With Respect to Ordering Units in the Ready Reserve to Active Duty
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Secretary of Defense, and, when designated by him for this purpose, any of the Secretaries of the military departments of the Department of Defense, are hereby authorized and empowered to exercise the authority vested in the President until June 30, 1968, by paragraph (e)…
Lyndon B. Johnson Post-Graduate Legal • 1m
EO 11405 Apr 7, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11405—Providing for the Restoration of Law and Order in the State of Maryland
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Secretary of Defense is authorized and directed to take all appropriate steps to disperse all persons engaged in the acts of violence described in the proclamation and to restore law and order. SEC. 2.
Lyndon B. Johnson Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,407 (Apr. 23, 1968), https://executiveordersarchive.org/orders/app-executive-order-11407-amending-executive-order-no-11174-establishing-the-presidential.
