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Executive Order 11426 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11426—Federal-State Liaison and Cooperation

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Saturday, August 31, 1968
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3 min read (664 words)

Executive Brief • At a Glance

⏱️ 3 min read (664 words) • ● In Effect
🎯 Primary Mandate

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.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

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.

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

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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.

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The Office of Emergency Planning, its Regional Directors, staff and employees, shall assist the Director in carrying out these additional responsibilities.

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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.

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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

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

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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 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
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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
51 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Low Friction

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

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
664
4,402 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
26.6
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

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

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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. 11,426 (Aug. 31, 1968), https://executiveordersarchive.org/orders/app-executive-order-11426-federal-state-liaison-and-cooperation.