By virtue of the authority vested in me by section 7301 of title 5, United States Code, and as President of the United States, it is ordered as follows: SECTION 1. 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. These include, but are not limited to, Executive Orders numbered 9-2, January 28, 1873; 653, June 13, 1907; 661, June 26, 1907; 1072, May 14, 1909; 1118, August 4, 1909; 1210, June 13, 1910; 1390, August 2, 1911; 1472, February 14, 1912; 1583, August 24, 1912; 1930, May 5, 1914; 1947, May 26, 1914; 1991, July 9, 1914; 2071, October 31, 1914; 2154, March 25, 1915; 2252, October 6, 1915; 2325, February 23, 1916; 2596, April 14,1917; 2819, March 9,1918; 3158, August 27, 1919; 3359, November 25, 1920; 3597, December 24, 1921; 3668, April 29, 1922; 3771, January 2, 1923; 3860, June 7, 1923; 3941, January 11, 1924; 4013, May 19, 1924; 4048, July 12, 1924; 4059, August 6, 1924; 4250, June 10, 1925; 4439, May 8, 1926; 4527, October 22, 1926; 4627, April 7, 1927; 5133, June 7, 1929; 5187, September 9, 1929; 5188, September 10, 1929; 5627, May 20, 1931; 5666, July 3, 1931; 5700, August 31, 1931; 6051, February 27, 1933; 6108, April 12, 1933; 6259, August 27, 1933; 6518, December 21, 1933; 6824, August 16, 1934; 7332, April 3, 1936; 7369, May 13, 1936; 7636, June 17, 1937; 7648, June 28, 1937; 7736, November 6, 1937; 7796, January 21, 1938; 7823, February 25, 1938; 7896, May 24, 1938; 7944, August 4, 1938; 8390, April 11, 1940; 8399, April 29, 1940; 8516, August 15, 1940; 8880, August 30, 1941; 9442, May 15, 1944; 9845, April 28, 1947; 10044, March 15, 1949; 10055, May 6, 1949; 10645, November 22, 1955. LYNDON B. JOHNSON The White House April 25, 1968
Executive Order 11408 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
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
Executive Brief • At a Glance
⏱️ 2 min read (330 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 9 of January 17, 1873, and Executive Order No. 9367 of August 4,1943, are hereby revoked.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
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 25, 1968, this order concerns 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. 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.
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
▪
Executive Order No. 9 of January 17, 1873, and Executive Order No. 9367 of August 4,1943, are hereby revoked.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
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.
🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
330
1,850 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.7
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 9367 Aug 4, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9367—Prohibiting, With Certain Exceptions, Instruction of Applicants for Civil Service and Foreign Service Examinations by Officers or Employees of the Government
📜 Art. II §2: Commander-in-Chief Supervisory Authority
No officer or employee of the Government shall directly or indirectly instruct or be concerned in any manner in the instruction of any person or classes of persons with a view to their special preparation for the examinations of the United States Civil Service Commission or the…
Franklin D. Roosevelt College Level • 2m
EO 11407 Apr 23, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11407—Amending Executive Order No. 11174, Establishing the Presidential Service Certificate and the Presidential Service Badge
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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.
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 11411 May 13, 1968
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11411—Amending Executive Order No. 11394, Relating to the President's Commission for the Observance of Human Rights Year 1968
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11394 of January 30, 1968, entitled "Establishing the President's Commission for the Observance of Human Rights Year 1968," is hereby amended by substituting for the words "ten other members to be appointed by the President from public or private life" in…
Lyndon B. Johnson College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,408 (Apr. 25, 1968), https://executiveordersarchive.org/orders/app-executive-order-11408-revoking-executive-order-no-9-january-17-1873-and-amendatory-orders.
