By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Commission. (a) There is hereby established the President's Commission on School Finance (hereinafter referred to as "the Commission"). (b) The Commission shall be composed of not more than sixteen members to be appointed by the President. The Chairman and Vice Chairman of the Commission shall be designated by the President from among the members. (c) 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. Other members of the Commission shall receive compensation at the rate of $100 per diem when engaged in the actual performance of duties vested in the Commission, and 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. 2. Functions of the Commission. It shall be the function of the Commission to study, and report to the President on, future revenue needs and resources of the Nation's public and non-public elementary and secondary schools. Such study and report shall include: (1) The implications of the leveling-off in school enrollments for fiscal and educational planning on all levels of government and for non-public schools. (2) The fiscal status of non-public elementary and secondary schools, and attendant implications for public schools and public policy. (3) The probable rate of growth in per-pupil expenditures in the coming decades and its consequences for tax policy, for educational finance, and for educational quality. (4) A review of the financial structure of elementary and secondary education and an assessment of future trends in the public and private sectors. (5) The adequacy of the existing tax base and structure for the support of public schools, and possible alternatives. (6) An assessment of the potential of non-public schools to contribute more effectively to the nation's educational progress, of the present and future needs and problems of non-public schools, and of ways and means by which non-public schools can be assisted, within the limits of the law, in carrying out their educational responsibilities. (7) An assessment of present public programs which aid non-public schools and comparison with programs aiding public schools. (8) Recommendations for achieving greater cooperation between public and non-public schools in furthering the education of all children. (9) Possible inequities and disparities in educational expenditures among States and between urban, suburban, and rural systems; and the effects of Federal and State aid programs on such disparities. (10) Recent proposals by State and local governments to revise the organizational and financial structure of their school systems and the need for complementary changes in Federal programs and organization. (11) The implications of Federal revenue sharing for the financing of public and non-public education. (12) The implications of possible changes in the public welfare system and in the program of aid to Federally impacted areas for school services and for the financing of public and non-public education. (13) The ways to achieve possible efficiencies in the use of educational facilities and personnel. (14) The advantages and disadvantages of changing the organization of public education on the State and local level and of consolidating some districts and decentralizing others. (15) Ways of altering the distribution of Federal education funds so as to simplify and improve their usefulness for State, local and non-public education agencies. (16) The adequacy of present data concerning the distribution of Federal, State, and local education funds among States, communities, neighborhoods, and individual schools within districts, and ways of improving the collection and use of such data. (17) Existing measures of the results of schooling, possible improvements in helping local schools make such measurements, and ways to enable schools to compare their results with schools in similar circumstances. (18) Such other matters as the Commission finds it necessary to study in order to treat adequately those mentioned above. SEC. 3. Assistance to the Commission. (a) The Commission is authorized to appoint such personnel as it deems necessary, to fix their compensation in accordance with law, to obtain services in accordance with the provisions of 5 U.S.C. 3109, and to enter into contracts for the conduct of studies necessary to the performance of its functions. (b) In compliance with the provisions of applicable law, and as necessary to serve the purposes of this order, (1) the Department of Health, Education, and Welfare shall provide or arrange for necessary administrative and staff services, support, and facilities for the Commission, and (2) each executive department or agency shall furnish the Commission such information and other assistance as may be available. SEC. 4. Reports and Termination. The Commission shall present such interim reports to the President as the President or the Commission shall deem appropriate. The Commission shall present its final report not later than two years from the date of this order. The Commission shall terminate thirty days following the submission of its final report. RICHARD NIXON The White House March 3, 1970
Executive Order 11513—Establishing the President's Commission on School Finance
Executive Brief • At a Glance
There is hereby established the President's Commission on School Finance (hereinafter referred to as "the Commission").
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 March 3, 1970, this order concerns Establishing the President's Commission on School Finance. Establishment of the Commission. (a) There is hereby established the President's Commission on School Finance (hereinafter referred to as "the Commission"). (b) The Commission shall be composed of not more than sixteen members to be appointed by the President. The Chairman and Vice Chairman of the Commission shall be designated by the President from among the members.
Key Directives & Operative Actions
There is hereby established the President's Commission on School Finance (hereinafter referred to as "the Commission").
The Commission shall be composed of not more than sixteen members to be appointed by the President.
The Chairman and Vice Chairman of the Commission shall be designated by the President from among the members.
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.
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
"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.
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.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
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.
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. 11,513 (Mar. 3, 1970), https://executiveordersarchive.org/orders/app-executive-order-11513-establishing-the-presidents-commission-school-finance.