WHEREAS, at a meeting of the Cabinet on February 25, 1965, I designated the Director of the Office of Emergency Planning to serve as liaison with the Governors of the fifty States for the purpose of establishing and maintaining better understanding, increased cooperation, and improving the lines of communication between the President and State governors and between the executive agencies of the Federal Government and State governments; and WHEREAS, the Director of the Office of Emergency Planning was designated because his office, through its national office and regional offices, is in constant contact with the State governors with respect to cooperative programs dealing with continuity of government, mobilization of resources, and Federal assistance in major natural disasters; and WHEREAS, this function assigned to the Office of Emergency Planning has been performed for more than three years without the employment of any additional personnel, and has significantly advanced Federal-State relations, contributing to more efficient service to the American people, through many improvements in effective administration of jointly financed Federal-State programs, simplification of grant-in-aid procedures, expedition of decisions, consolidation of related programs, and advance consultation on proposed changes in federal programs and regulations affecting state and local governments; and WHEREAS, during such period the Office of Emergency Planning has identified and resolved at least 1,300 questions, problems or complaints raised by the Governors during conferences which were attended by 285 top ranking Federal officials, 300 Federal regional and field officials, and more than 2,000 state officials; and WHEREAS a resolution unanimously adopted by the National Governors' Conference in Cincinnati, Ohio, on July 24, 1968, described this liaison program as having "resulted in the best working partnership in the modern history of our Nation between the Governors and the Executive Branch of the Federal Government," and urged the President and the Congress "to give formal status to, and continue in the future . . . the existing Federal-State relations program being carried on by the agency now established and functioning." Now, THEREFORE, by virtue of the authority vested in me by Section 2 (e) of Reorganization Plan No. 1 of 1958 (72 Stat. 1799) and as President of the United States, it is hereby ordered as follows: SECTION 1. In addition to his other duties, the Director of the Office of Emergency Planning shall also continue to act as the President's liaison with the Governors of the States and Territories, with the title of Assistant to the President for Federal-State Relations. SEC. 2. The Office of Emergency Planning, its Regional Directors, staff and employees, shall assist the Director in carrying out these additional responsibilities. To accomplish continued and effective liaison with and assistance to the Governors and State agencies, the Office of Emergency Planning shall continue to serve as the clearing house for the prompt handling and solution of Federal-State problems involving the executive branches of the Federal and State governments. SEC. 3. (a) All Federal departments, agencies, and Regional Federal Executive Boards shall continue to extend full cooperation and assistance to the Assistant to the President for Federal-State Relations and to the Office of Emergency Planning in carrying out their responsibilities under this order. The Assistant to the President for Federal-State Relations and the Office of Emergency Planning shall be available to and assist, upon request, all Federal departments and agencies with problems which may arise between them and the executive agencies of the States and Territories. (b) The head of each Federal department and agency shall designate an appropriate official with broad general experience in his department or agency, upon request by the Assistant to the President for Federal-State Relations, to serve as a point of contact in carrying out Federal-State liaison activities under this order. SEC. 4. Nothing in this order shall be construed as subjecting any Federal department or agency, or function thereof, to the authority of the Director of the Office of Emergency Planning or the Assistant to the President for Federal-State Relations. LYNDON B. JOHNSON The White House August 31, 1968
Executive Order 11426—Federal-State Liaison and Cooperation
Executive Brief • At a Glance
In addition to his other duties, the Director of the Office of Emergency Planning shall also continue to act as the President's liaison with the Governors of the States and Territories, with the title of Assistant to the President for Federal-State Relations.
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 August 31, 1968, this order concerns Federal-State Liaison and Cooperation. In addition to his other duties, the Director of the Office of Emergency Planning shall also continue to act as the President's liaison with the Governors of the States and Territories, with the title of Assistant to the President for Federal-State Relations. SEC. 2.
Key Directives & Operative Actions
In addition to his other duties, the Director of the Office of Emergency Planning shall also continue to act as the President's liaison with the Governors of the States and Territories, with the title of Assistant to the President for Federal-State Relations.
The Office of Emergency Planning, its Regional Directors, staff and employees, shall assist the Director in carrying out these additional responsibilities.
To accomplish continued and effective liaison with and assistance to the Governors and State agencies, the Office of Emergency Planning shall continue to serve as the clearing house for the prompt handling and solution of Federal-State problems involving the executive branches of the Federal and State governments.
All Federal departments, agencies, and Regional Federal Executive Boards shall continue to extend full cooperation and assistance to the Assistant to the President for Federal-State Relations and to the Office of Emergency Planning in carrying out their responsibilities under this order.
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 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."
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.
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 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.
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
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 11,426 (Aug. 31, 1968), https://executiveordersarchive.org/orders/app-executive-order-11426-federal-state-liaison-and-cooperation.