By virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of Commission. (a) There is hereby established the President's Commission on Campus Unrest (hereinafter referred to as the Commission). (b) The Commission shall be composed of a Chairman to be appointed by the President, and of so many other members as the President may appoint. SEC. 2. Functions of the Commission. The Commission shall study dissent, disorder, and violence on the campuses of institutions of higher learning or in connection with such institutions, and report its findings and recommendations to the President. The duties of the Commission shall include, but not be limited to, the following: (1) Identifying the principal causes of campus violence and the breakdown in the process of orderly expression of dissent on the campus. (2) Suggesting specific methods and procedures through which grievances can be resolved by means other than the exertion of force. (3) Suggesting ways to protect academic freedom, the right to obtain an education free from improper interference, and the right of peaceful dissent and protest. (4) Proposing practical steps which can be taken by government at all levels, by the administrations of institutions of higher learning, and by students, through student governments or otherwise, to minimize dangers attendant upon expressions of dissent. SEC. 3. Staff of the Commission. (a) The Commission shall have an Executive Director, appointed by the President in accordance with law. (b) Subject to law, the Commission is authorized (1) to appoint such additional personnel as it deems necessary and fix their compensation, and (2) to obtain services in accordance with the provisions of 5 U.S.C. 3109. SEC. 4. Expenses. Members of the Commission shall receive compensation of $100 per day when engaged in the performance of duties under this order and shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in Government service employed intermittently. SEC. 5. Cooperation by executive departments and agencies. (a) The Commission, acting through its chairman, is authorized to request from any executive department or agency any information and assistance deemed necessary to carry out its functions under this order. Each department and agency is directed, to the extent permitted by law and within the limits of available funds, to furnish information and assistance to the Commission. (b) The General Services Administration shall provide administrative services and support for the Commission. SEC. 6. Report and termination. The Commission shall present its final report and recommendations to the President not later than October 1, 1970, and shall terminate thirty days after the presentation of such report. RICHARD NIXON The White House June 13, 1970
Executive Order 11536 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.41)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 11536—Establishing the President's Commission on Campus Unrest
Executive Brief • At a Glance
⏱️ 2 min read (453 words) •
● In Effect
🎯 Primary Mandate
There is hereby established the President's Commission on Campus Unrest (hereinafter referred to as the Commission).
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants
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 13, 1970, this order concerns Establishing the President's Commission on Campus Unrest. Establishment of Commission. (a) There is hereby established the President's Commission on Campus Unrest (hereinafter referred to as the Commission). (b) The Commission shall be composed of a Chairman to be appointed by the President, and of so many other members as the President may appoint. SEC. 2. Functions of the Commission.
Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.
Key Directives & Operative Actions
▪
There is hereby established the President's Commission on Campus Unrest (hereinafter referred to as the Commission).
▪
The Commission shall be composed of a Chairman to be appointed by the President, and of so many other members as the President may appoint.
▪
The Commission shall study dissent, disorder, and violence on the campuses of institutions of higher learning or in connection with such institutions, and report its findings and recommendations to the President.
▪
The duties of the Commission shall include, but not be limited to, the following: (1) Identifying the principal causes of campus violence and the breakdown in the process of orderly expression of dissent on the campus.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Executive Departments & Federal Civil Servants
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 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.
Anti-Federalist Stance: High Bill of Rights Scrutiny
📐
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
35 / 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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
453
2,909 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
13.2
College Level
Text size:
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📜
Scholarly & Legal Citations
Exec. Order No. 11,536 (June 13, 1970), https://executiveordersarchive.org/orders/app-executive-order-11536-establishing-the-presidents-commission-campus-unrest.
