WHEREAS finding ways in which to improve management and efficiency in the executive branch meets a vital and continuing need; and WHEREAS it is essential that the resources of the executive branch which are devoted to the fulfillment of our international responsibilities and the needs of our citizens be managed and utilized in as effective a manner as possible; and WHEREAS the best management practices and techniques developed by individual Government agencies and by business and industry should be utilized in all Government agencies whenever applicable; and WHEREAS there is a need to review the progress of the Government's management improvement program and to furnish the President advice thereon; and WHEREAS it is desirable to give increased attention to the improvement of the management of executive agencies and programs: Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby established the President's Advisory Council on Management improvement (hereinafter referred to as the Council). (b) The Council shall be composed of 10 members, all of whom shall be appointed by the President from among citizens outside the Government and who shall serve at the pleasure of the President. The President shall designate one of the members of the Council to serve as Chairman. (c) Each member of the Council shall be entitled to receive compensation for each day he is engaged on business of the Council, and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 3109 and 5703) for persons in the Government service employed intermittently. SEC. 2. Functions of the Council. As requested by the President or the Director of the Bureau of the Budget, the Council shall, from time to time: (a) Provide advice and assistance on Government-wide and interagency management problems. (b) Make systematic appraisals of Government-wide operations to identify opportunities to improve efficiency and cost control. (c) Carry forward the functions which were vested in the President's Advisory Council on Cost Reduction by Executive Order No. 11353 of May 23, 1967, as amended, but without regard to the time limitation contained therein. (d) Provide for an interchange of ideas with responsible operating officials throughout the executive branch on opportunities for management improvement and appropriate action to achieve such improvement. (e) Submit reports to the President containing appropriate recommendations for improving the efficiency of Government-wide operations. SEC. 3. Assistance by Federal agencies. The Office of Executive Management, Bureau of the Budget, shall provide staff assistance to the Council and, upon request of the Chairman of the Council, other executive departments and agencies shall, consistent with law, furnish to the Council available information which the Council may require in performance of its functions. SEC. 4. Saving provision. Nothing in this order shall derogate from the functions or status of the President's Advisory Council on Executive Organization established by the President on April 5, 1969. SEC. 5. Prior order. Without prejudice to the provisions of section 2 (c) hereof, the following are hereby revoked: (1) Executive Order No. 11353 of May 23, 1967, and (2) Executive Order No. 11418 of July 27, 1968. RICHARD NIXON The White House February 11, 1970
Executive Order 11509—Establishing the President's Advisory Council on Management Improvement
Executive Brief • At a Glance
There is hereby established the President's Advisory Council on Management improvement (hereinafter referred to as the Council).
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 February 11, 1970, this order concerns Establishing the President's Advisory Council on Management Improvement. Establishment of the Council. (a) There is hereby established the President's Advisory Council on Management improvement (hereinafter referred to as the Council). (b) The Council shall be composed of 10 members, all of whom shall be appointed by the President from among citizens outside the Government and who shall serve at the pleasure of the President.
Key Directives & Operative Actions
There is hereby established the President's Advisory Council on Management improvement (hereinafter referred to as the Council).
The Council shall be composed of 10 members, all of whom shall be appointed by the President from among citizens outside the Government and who shall serve at the pleasure of the President.
The President shall designate one of the members of the Council to serve as Chairman.
Each member of the Council shall be entitled to receive compensation for each day he is engaged on business of the Council, and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 3109 and 5703) for persons in the Government service employed intermittently.
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 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.
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
Applies regulatory or compliance standards to private contractors or commercial entities.
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.
Scholarly & Legal Citations
Exec. Order No. 11,509 (Feb. 11, 1970), https://executiveordersarchive.org/orders/app-executive-order-11509-establishing-the-presidents-advisory-council-management-improvement.