By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. Program for physical fitness and sports. The Secretary of Health, Education, and Welfare (hereinafter referred to as "the Secretary") shall, in carrying out his responsibilities in relation to education and public health, including specifically the health of children and youth, develop and coordinate a national program for physical fitness and sports. The Secretary shall: (1) Enlist the active support and assistance of individual citizens, civic groups, professional associations, amateur and professional sports groups, private enterprise, voluntary organizations, and others in efforts to promote and improve physical fitness and sports participation programs for all Americans; (2) Stimulate, improve, and strengthen coordination of Federal services and programs relating to physical fitness and sports participation; (3) Encourage State and local governments in efforts to enhance physical fitness and sports participation; (4) Seek to strengthen the physical fitness of American children, youth, and adults by systematically encouraging the development of community centered and other physical fitness and sports participation programs to encourage innovation, improve teacher preparation, and strengthen State and local leadership; (5) Develop cooperative programs with medical, dental, and other similar professional societies to encourage and implement sound physical fitness practices; (6) Stimulate and encourage research in the areas of physical fitness and sports performance; and (7) Improve school health and physical education programs for all pupils, including the handicapped and the physically underdeveloped, by assisting educational agencies in developing quality programs to encourage innovation, improve teacher preparation, and strengthen State and local leadership. SEC. 2. President's Council on Physical Fitness and Sports. (a) There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as "the Council"), which shall be composed of the President's Consultant on Physical Fitness, who shall be the Chairman, and fourteen other members appointed by the President. The Council shall meet on the call of the Chairman. (b) The members of the Council shall receive no compensation from the United States by reason of their service on the Council, but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving the Government without compensation (5 U.S.C. 5703). SEC. 3. Functions of the Council. (a) The Council shall advise the President and the Secretary concerning progress made in carrying out the provisions of this order and shall recommend to the President and the Secretary, as necessary, steps to accelerate progress. (b) The Council shall advise the Secretary on matters pertaining to ways and means of enhancing opportunities for participation in physical fitness and sports activities and on State, local, and private action to extend and improve physical activity programs and services. SEC. 4. Conference on Physical Fitness and Sports. (a) There is hereby established a Conference on Physical Fitness and Sports (hereinafter referred to as "the Conference"), which shall be composed of one hundred members whom the President may from time to time appoint. The Conference shall meet on the call of the Secretary to assist him in carrying out his responsibilities under this order. (b) The members of the Conference shall receive no compensation or expense allowances from the United States Government by reason of their service on the Conference. SEC. 5. Assistance by Agencies. (a) The Secretary and the Council are authorized to request from any Federal department or agency information or assistance deemed necessary to carry out their functions under this order and each department and agency is authorized, to the extent permitted by law and within the limits of available funds, to furnish such information and assistance to the Secretary and the Council. (b) The Secretary shall appoint the Executive Director of the Council. Subject to law, (1) the Department of Health, Education, and Welfare shall furnish necessary staff, supplies, facilities, and other administrative services for the Council, (2) expenses of the Council shall be met from funds available to the Secretary, and (3) the Department may provide staff assistance to the Conference. SEC. 6. Continuity. (a) The Council established by this order shall be deemed to be a continuation of the Citizens Advisory Committee on Physical Fitness and Sports which has heretofore existed under Executive Order No. 11398 of March 4, 1968, as amended. (b) The seal prescribed by Executive Order No. 10830 of July 24, 1959, as amended, shall be the seal of the President's Council on Physical Fitness and Sports as reconstituted herein. SEC. 7. Revocations. Executive Order No. 11398 of March 4, 1968, and Executive Order No. 11492 of October 30, 1969, are hereby revoked. SEC. 8. Construction. Nothing in this order shall be construed to abrogate, modify, or restrict any function vested by law in, or assigned pursuant to law to, any Federal department or agency or any officer thereof. RICHARD NIXON The White House September 25, 1970
Executive Order 11562 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.47)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 11562—Developing and Coordinating a National Program for Physical Fitness and Sports
Executive Brief • At a Glance
⏱️ 4 min read (814 words) •
● In Effect
🎯 Primary Mandate
The Secretary of Health, Education, and Welfare (hereinafter referred to as "the Secretary") shall, in carrying out his responsibilities in relation to education and public health, including specifically the health of children and youth, develop and coordinate a national program for physical fitness and sports.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Public Health & Medical Institutions
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 September 25, 1970, this order concerns Developing and Coordinating a National Program for Physical Fitness and Sports. Program for physical fitness and sports. The Secretary of Health, Education, and Welfare (hereinafter referred to as "the Secretary") shall, in carrying out his responsibilities in relation to education and public health, including specifically the health of children and youth, develop and coordinate a national program for physical fitness and sports.
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
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The Secretary of Health, Education, and Welfare (hereinafter referred to as "the Secretary") shall, in carrying out his responsibilities in relation to education and public health, including specifically the health of children and youth, develop and coordinate a national program for physical fitness and sports.
▪
The Secretary shall: (1) Enlist the active support and assistance of individual citizens, civic groups, professional associations, amateur and professional sports groups, private enterprise, voluntary organizations, and others in efforts to promote and improve physical fitness and sports participation programs for all Americans; (2) Stimulate, improve, and strengthen coordination of Federal services and programs relating to physical fitness and sports participation; (3) Encourage State and local governments in efforts to enhance physical fitness and sports participation; (4) Seek to strengthen the physical fitness of American children, youth, and adults by systematically encouraging the development of community centered and other physical…
▪
There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as "the Council"), which shall be composed of the President's Consultant on Physical Fitness, who shall be the Chairman, and fourteen other members appointed by the President.
▪
The Council shall meet on the call of the Chairman.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
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
814
5,371 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
17.3
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (6)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Ronald Reagan • 1982-02-02
Jimmy Carter • 1980-12-31
Jimmy Carter • 1978-12-28
Jimmy Carter • 1978-11-14
Gerald R. Ford • 1976-12-20
Gerald R. Ford • 1976-10-25
Related Executive Orders
3 orders cited directly in this text, plus related actions from this administration.
EO 11398 Mar 4, 1968
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.47)
Executive Order 11398—Establishing the President's Council on Physical Fitness and Sports
📜 Art. II §2: Commander-in-Chief Supervisory Authority
President's Council on Physical Fitness and Sports. There is hereby established the President's Council on Physical Fitness and Sports (hereinafter referred to as the Council), which shall be composed of the Vice President, who shall be the Chairman, the Secretary of State, the…
Lyndon B. Johnson Post-Graduate Legal • 5m
EO 10830 Jul 24, 1959
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 10830—Establishing a Seal for the President's Council on Youth Fitness
📜 Art. II §3: Administrative Management & Civil Service
I hereby approve such seal as the official seal of the President's Council on Youth Fitness.
Dwight D. Eisenhower Post-Graduate Legal • 1m
EO 11492 Oct 30, 1969
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11492—Amending Executive Order No. 11398 with Respect to the Citizens Advisory Committee on Physical Fitness and Sports
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11398 of March 4, 1968, entitled "Establishing the President's Council on Physical Fitness and Sports," is hereby amended by substituting for subsection (a) of section 3 thereof the following: "(a) There is hereby established the Citizens Advisory Committee…
Richard Nixon College Level • 1m
EO 11561 Sep 25, 1970
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11561—Delegation of Certain Authority Under Title VIII of the Economic Opportunity Act
📜 10th Amend: Intergovernmental Federalism Cooperation
The authority conferred upon the President by that portion of section 833 (c) (2) of the Economic Opportunity Act of 1964 (42 U.S.C. 2994b (c) (2)) which reads "except as otherwise determined by the President" is hereby delegated as follows: (1) To the Civil Service Commission…
Richard Nixon Post-Graduate Legal • 1m
EO 11563 Sep 26, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11563—Amending the Selective Service Regulations
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following amendment of the Selective Service Regulations prescribed by Executive Orders No. 10001 of September 17, 1948, No. 10202 of January 12, 1951, No. 10292 of September 25, 1951, No. 10659 of February 15, 1956, No. 10735 of October 17, 1957, No.…
Richard Nixon Post-Graduate Legal • 8m
EO 11560 Sep 23, 1970
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11560—Amending Executive Order No. 11508 With Respect to the Membership of the Property Review Board
📜 5th Amend: Regulatory Execution with Due Process
By virtue of the authority vested in me by section 205 (a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486 (a)), and as President of the United States, subsection (b) of section 3 of Executive Order No. 11508 of February 10, 1970…
Richard Nixon College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,562 (Sept. 25, 1970), https://executiveordersarchive.org/orders/app-executive-order-11562-developing-and-coordinating-national-program-for-physical-fitness.
