WHEREAS the President of the United States, under section 3192 of Title 18, United States Code, has been granted the power to take all necessary measures for the transportation, safekeeping and security against lawless violence of any person delivered by any foreign government to an agent of the United States for return to the United States for trial for any offense of which he is duly accused; and WHEREAS fugitives from justice in the United States whose extradition from abroad has been requested by the Government of the United States and granted by a foreign government are to be returned in the custody of duly appointed agents in accordance with the provisions of section 3193 of Title 18, United States Code; and WHEREAS such duly appointed agents under the provisions of the law mentioned above, being authorized to receive delivery of the fugitive in behalf of the United States and to convey him to the place of his trial, are given the powers of a marshal of the United States in the several districts of the United States through which it may be necessary for them to pass with such prisoner, so far as such power is requisite for the prisoner's safekeeping; and WHEREAS such warrants serve as a certification to the foreign government delivering the fugitives to any other foreign country through which such agents may pass, and to authorities in the United States of the powers therein conferred upon the agents; and WHEREAS it is desirable by delegation of functions heretofore performed by the President to simplify and thereby expedite the issuance of such warrants to agents in the interests of the prompt return of fugitives to the United States: Now, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The Secretary of State is hereby designated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign government of any person accused of a crime committed within the United States, and to convey such person to the place of his trial. SEC. 2. Agents appointed in accordance with section 1 of this order shall have all the powers conferred in respect of such agents by applicable treaties of the United States and by section 3193 of Title 18, United States Code, or by any other provisions of United States law. SEC. 3. Executive Order No. 10347, April 18, 1952, as amended by Executive Order No. 11354, May 23, 1967, is further amended by deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4 and 5, respectively. RICHARD NIXON The White House March 19, 1970
Executive Order 11517 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 11517—Providing for the Issuance and Signature by the Secretary of State of Warrants Appointing Agents to Return Fugitives From Justice Extradited to the United States
Executive Brief • At a Glance
⏱️ 2 min read (469 words) •
● In Effect
🎯 Primary Mandate
The Secretary of State is hereby designated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign government of any person accused of a crime committed within the United States, and to convey such person to the place of his trial.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 Richard Nixon on March 19, 1970, this order concerns Providing for the Issuance and Signature by the Secretary of State of Warrants Appointing Agents to Return Fugitives From Justice Extradited to the United States. The Secretary of State is hereby designated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign government of any person accused of a crime committed within the United States, and to convey such person to the place of his trial. 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
▪
The Secretary of State is hereby designated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign government of any person accused of a crime committed within the United States, and to convey such person to the place of his trial.
▪
Agents appointed in accordance with section 1 of this order shall have all the powers conferred in respect of such agents by applicable treaties of the United States and by section 3193 of Title 18, United States Code, or by any other provisions of United States law.
▪
Executive Order No. 10347, April 18, 1952, as amended by Executive Order No. 11354, May 23, 1967, is further amended by deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4 and 5, respectively.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Foreign Nations & International Entities
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
"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
📐
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
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
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 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%).
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
469
2,730 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
29.8
Post-Graduate Legal
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 10347 Apr 18, 1952
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 10347—Providing for the Affixing of the Seal of the United States to Certain Presidential Documents
📜 5th Amend: Regulatory Execution with Due Process
I hereby authorize and direct the Secretary of State to affix the Seal of the United States, pursuant to section 42 of title 4 of the United States Code, without any special warrant therefor, other than this order, to each document included within any of the following classes…
Harry S Truman College Level • 1m
EO 11354 May 23, 1967
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11354—Amending Executive Order No. 11030 of June 19, 1962, with Respect to the Preparation of Presidential Proclamations
📜 Art. II §3: Administrative Management & Civil Service
Of Executive Order No. 11030 of June 19, 1962, relating to the preparation of Executive orders and proclamations (1 CFR 7.1), is hereby amended by adding at the end thereof the following: "(g) Proclamations issued by the President shall conclude with the following-described…
Lyndon B. Johnson High School • 1m
EO 11516 Mar 19, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11516—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
Section 2 of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level V of the Federal Executive Salary Schedule, is further amended by deleting "(24) Director, Office of Minority Business Enterprise, Department of Commerce", and inserting…
Richard Nixon Post-Graduate Legal • 1m
EO 11518 Mar 20, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11518—Providing for the Increased Representation of the Interests of Small Business Concerns Before Departments and Agencies of the United States Government
📜 5th Amend: Regulatory Execution with Due Process
The Small Business Administration, as the spokesman for and advocate of the small business community, shall advise and counsel small business concerns in their dealings with the departments and agencies of the United States Government to the end that the views of small business…
Richard Nixon Post-Graduate Legal • 4m
EO 11519 Mar 23, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11519—Calling Into Service Members and Units of the National Guard
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Secretary of Defense is authorized and directed to take all appropriate steps to respond to requests of the Postmaster General for assistance in restoring and maintaining Postal service and to execute the Postal laws of the United States. SEC. 2.
Richard Nixon Post-Graduate Legal • 2m
EO 11520 Mar 25, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11520—Amending Executive Order No. 11407, Relating to the Presidential Service Certificate and the Presidential Service Badge
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Paragraphs 1 and 3 of Executive Order No. 11407, of April 23, 1968, entitled "Amending Executive Order No. 11174, Establishing the Presidential Service Certificate and the Presidential Service Badge" are hereby amended to read as follows: "1. Certificate established.
Richard Nixon Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,517 (Mar. 19, 1970), https://executiveordersarchive.org/orders/app-executive-order-11517-providing-for-the-issuance-and-signature-the-secretary-state.
