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Executive Orders Historical Archive
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Executive Order 11412 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11412—Establishing a National Commission on the Causes and Prevention of Violence

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Monday, June 10, 1968
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2 min read (500 words)

Executive Brief • At a Glance

⏱️ 2 min read (500 words) • ● In Effect
🎯 Primary Mandate

There is hereby established a National.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises 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 June 10, 1968, this order concerns Establishing a National Commission on the Causes and Prevention of Violence. Establishment of the Commission. (a) There is hereby established a National. Commission on the Causes and Prevention of Violence (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of: Dr. Milton Eisenhower, Chairman Congressman Hale Boggs Archbishop Terence J. Cooke Ambassador Patricia Harris Senator Philip.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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There is hereby established a National.

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The Commission shall be composed of: Dr. Milton Eisenhower, Chairman Congressman Hale Boggs Archbishop Terence J. Cooke Ambassador Patricia Harris Senator Philip.

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M. McCulloch, The President from time to time may appoint additional members to the Commission, and may designate additional officers thereof.

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The Commission shall investigate and make recommendations with respect to: (a) The causes and prevention of lawless acts of violence in our society, including assassination, murder and assault; (b) The causes and prevention of disrespect for law and order, of disrespect for public officials, and of violent disruptions of public order by individuals and groups; and (c) Such other matters as the President may place before the Commission.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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

"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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
41 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Federalism & State Sovereignty

High Friction

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

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
500
3,221 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
12.8
High School
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established a National. Commission on the Causes and Prevention of Violence (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of: Dr. Milton Eisenhower, Chairman Congressman Hale Boggs Archbishop Terence J. Cooke Ambassador Patricia Harris Senator Philip. A. Hart Judge A. Leon Higginbotham Eric Hoffer Senator Roman Hruska Albert E. Jenner, Jr. Congressman William. M. McCulloch, The President from time to time may appoint additional members to the Commission, and may designate additional officers thereof. SEC. 2. Functions of the Commission. The Commission shall investigate and make recommendations with respect to: (a) The causes and prevention of lawless acts of violence in our society, including assassination, murder and assault; (b) The causes and prevention of disrespect for law and order, of disrespect for public officials, and of violent disruptions of public order by individuals and groups; and (c) Such other matters as the President may place before the Commission. SEC. 3. Compensation of Members of the Commission. (a) Members of the Commission who are otherwise compensated by the United States for full-time service shall serve without compensation in addition to that received for their full-time service; but they shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law. (b) Other Members of the Commission shall receive compensation in accordance with law when engaged in the actual performance of duties vested in the Commission. In addition they shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703, for persons in the Government service employed intermittently. SEC. 4. Staff of the Commission. (a) The Commission shall have an Executive Director, appointed by the President, who shall receive such compensation as may be directed by the President in accordance with law. (b) The Commission is authorized to appoint such additional personnel as it deems necessary, to fix their compensation in accordance with law, and to obtain services in accordance with the provisions of 5 U.S.C. 3109. SEC. 5. Cooperation by Executive Departments and Agencies: (a) The Commission, acting through its Chairman, is authorized to request from any executive department or agency any information and assistance deemed necessary to carry out its functions under this Order. Each department or agency is directed, to the extent permitted by law and within the limits of available funds, to furnish information and assistance to the Commission. (b) The General Services Administration shall provide administrative services for the Commission. SEC. 6. Report and Termination. The Commission shall present its report and recommendations as soon as practicable, but not later than one year from the date of this Order: The Commission shall terminate thirty days following the submission of its final report or one year from the date of this Order, whichever is earlier. LYNDON B. JOHNSON The White House June 10, 1968

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 11,412 (June 10, 1968), https://executiveordersarchive.org/orders/app-executive-order-11412-establishing-national-commission-the-causes-and-prevention-violence.