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Executive Orders Historical Archive
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Executive Order 11534 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 11534—Establishing the National Council on Organized Crime

•
Thursday, June 4, 1970
•
1 min read (256 words)

Executive Brief • At a Glance

⏱️ 1 min read (256 words) • ● In Effect
🎯 Primary Mandate

There is hereby created a National Council on Organized Crime which shall be composed of the Attorney General, who shall be Chairman; the Secretary of the Treasury; the Secretary of Labor; the Postmaster General; the Chairman of the Securities and Exchange Commission; the Assistant Attorney General, Criminal Division; the Assistant Attorney General, Tax Division; the Assistant Secretary of the Treasury for Enforcement and Operations; the Assistant Secretary of the Treasury for Tax Policy; the Administrator of the Law Enforcement Assistance Administration; the Director of the Federal Bureau of Investigation; the Director of the Bureau of Narcotics and Dangerous Drugs; the Director of the United States Secret Service; the Commissioner of…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Foreign Nations & International Entities 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 June 4, 1970, this order concerns Establishing the National Council on Organized Crime. There is hereby created a National Council on Organized Crime which shall be composed of the Attorney General, who shall be Chairman; the Secretary of the Treasury; the Secretary of Labor; the Postmaster General; the Chairman of the Securities and Exchange Commission; the Assistant Attorney General, Criminal Division; the Assistant Attorney General, Tax Division; the Assistant Secretary of the Treasury for…

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

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There is hereby created a National Council on Organized Crime which shall be composed of the Attorney General, who shall be Chairman; the Secretary of the Treasury; the Secretary of Labor; the Postmaster General; the Chairman of the Securities and Exchange Commission; the Assistant Attorney General, Criminal Division; the Assistant Attorney General, Tax Division; the Assistant Secretary of the Treasury for Enforcement and Operations; the Assistant Secretary of the Treasury for Tax Policy; the Administrator of the Law Enforcement Assistance Administration; the Director of the Federal Bureau of Investigation; the Director of the Bureau of Narcotics and Dangerous Drugs; the Director of the United States Secret Service; the Commissioner of…

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It shall be the responsibility of the Council to formulate a national strategy for the elimination of organized crime.

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The Council shall meet at the call of the Attorney General.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities
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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

"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
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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
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

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
256
1,693 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
32
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS organized crime is a problem of national scope affecting numerous cities and states; WHEREAS the problem of organized crime presents the Nation with a major challenge calling for coordinated Federal law enforcement efforts of maximum effectiveness; WHEREAS it is necessary to formulate a national strategy for the elimination of organized crime: Now, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: There is hereby created a National Council on Organized Crime which shall be composed of the Attorney General, who shall be Chairman; the Secretary of the Treasury; the Secretary of Labor; the Postmaster General; the Chairman of the Securities and Exchange Commission; the Assistant Attorney General, Criminal Division; the Assistant Attorney General, Tax Division; the Assistant Secretary of the Treasury for Enforcement and Operations; the Assistant Secretary of the Treasury for Tax Policy; the Administrator of the Law Enforcement Assistance Administration; the Director of the Federal Bureau of Investigation; the Director of the Bureau of Narcotics and Dangerous Drugs; the Director of the United States Secret Service; the Commissioner of Customs; the Commissioner of Immigration and Naturalization; the Commissioner of Internal Revenue; the Chief Counsel of the Internal Revenue Service; and the Chief of the Organized Crime and Racketeering Section, Criminal Division, Department of Justice. It shall be the responsibility of the Council to formulate a national strategy for the elimination of organized crime. The Council shall meet at the call of the Attorney General. RICHARD NIXON The White House June 4, 1970

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Jimmy Carter • 1978-12-28
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Scholarly & Legal Citations

Exec. Order No. 11,534 (June 4, 1970), https://executiveordersarchive.org/orders/app-executive-order-11534-establishing-the-national-council-organized-crime.