By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended, section 1 of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (for Enforcement), Treasury Department", and inserting in lieu thereof the following: (1) Special Assistant to the Secretary (Congressional Relations), Treasury Department. RICHARD NIXON The White House October 27, 1969
Executive Order 11489 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11489—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
Executive Brief • At a Glance
⏱️ 1 min read (86 words) •
● In Effect
🎯 Primary Mandate
Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (for Enforcement), Treasury Department", and inserting in lieu thereof the following: (1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Richard Nixon on October 27, 1969, this order concerns Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule. Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (for Enforcement), Treasury Department", and inserting in lieu thereof the following: (1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (for Enforcement), Treasury Department", and inserting in lieu thereof the following: (1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
🏛️ Financial Institutions & Monetary Authorities
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
"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: Supportive of Execution
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
📐
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
86
548 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
17.5
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11248 Oct 10, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11248—Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following offices and positions are placed in Level IV of the Federal Executive Salary Schedule: (1) Special Assistant to the Secretary (for Enforcement), Treasury Department. (2) Principal Deputy Director of Defense Research and Engineering, Department of Defense. SEC. 2.
Lyndon B. Johnson High School • 1m
EO 11490 Oct 28, 1969
⚖️⚠️ Zone 3 (Lowest Ebb) Friction (-0.55)
Executive Order 11490—Assigning Emergency Preparedness Functions to Federal Departments and Agencies
📜 Art. II §2: Commander-in-Chief / War Prerogative Tension
Parts 1 Purpose and Scope. 2 Department of State. 3 Department of the Treasury. 4 Department of Defense. 5 Department of Justice. 6 Post Office Department. 7 Department of the Interior. 8 Department of Agriculture. 9 Department of Commerce. 10 Department of Labor. 11 Department…
Richard Nixon Post-Graduate Legal • 86m
EO 11491 Oct 29, 1969
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11491—Labor-Management Relations in the Federal Service
📜 Art. I §8: Delegated Tariff & Commerce Execution
I hereby direct that the following policies shall govern officers and agencies of the executive branch of the Government in all dealings with Federal employees and organizations representing such employees. GENERAL PROVISIONS SECTION 1. Policy.
Richard Nixon Post-Graduate Legal • 30m
EO 11492 Oct 30, 1969
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11492—Amending Executive Order No. 11398 with Respect to the Citizens Advisory Committee on Physical Fitness and Sports
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11398 of March 4, 1968, entitled "Establishing the President's Council on Physical Fitness and Sports," is hereby amended by substituting for subsection (a) of section 3 thereof the following: "(a) There is hereby established the Citizens Advisory Committee…
Richard Nixon College Level • 1m
EO 11488 Oct 13, 1969
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11488—Including Certain Lands in the Cherokee National Forest
📜 5th Amend: Regulatory Execution with Due Process
The following described tract of land be included in and reserved as part of the Cherokee National Forest, such inclusion and reservation to be in accordance with and subject to all of the provisions and conditions of the said agreement of the 24th day of July, 1969, between…
Richard Nixon College Level • 4m
EO 11494 Nov 13, 1969
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11494—Establishing the Presidential Citizens Medal
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Medal established. The Presidential Citizens Medal (hereinafter referred to as the Medal), together with accompanying ribbons and appurtenances, is hereby established for the purpose of recognizing citizens of the United States of America who have performed exemplary deeds of…
Richard Nixon High School • 1m
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Scholarly & Legal Citations
Exec. Order No. 11,489 (Oct. 27, 1969), https://executiveordersarchive.org/orders/app-executive-order-11489-amending-executive-order-no-11248-placing-certain-positions-levels.
