As State and local governments are playing an ever increasing role in meeting the Nation's most pressing domestic problems, there now exists a clear national interest in achieving a high caliber of public service at all levels of government. It is especially important that the country direct greater attention to policies and approaches for strengthening the quality of State and local public administration consistent with merit principles. Now, THEREFORE, by virtue of the authority vested in me by section 102 of the Intergovernmental Personnel Act of 1970 (84 Stat. 1910), and as President of the United States, it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council). (b) The Council shall be composed of not more than 15 members, all appointed by the President, and shall consist primarily of officials of the Federal Government and State and local governments, but shall also include members selected from educational and training institutions or organizations, public employee or labor organizations, and the general public. At least half of the governmental members shall be State and local officials. The President shall designate a Chairman and a Vice Chairman from among the members of the Council. (c) Members of the Council who are not full-time employees of the United States, while serving on the business of the Council, including travel time, may be compensated at rates not exceeding the rate now or hereafter prescribed by section 5332 of Title 5 of the United States Code for GS-18 of the General Schedule; and may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 of the United States Code for persons in the Government service employed intermittently. SEC. 2. Functions of the Council. The Council shall study and make recommendations on intergovernmental personnel policies and programs for the purpose of (1) improving the quality of public administration at State and local levels of government, particularly in connection with programs that are financed in whole or in part from Federal funds; (2) strengthening the capacity of State and local governments to deal with complex problems confronting them; (3) aiding State and local governments in training their professional, administrative, and technical employees and officials; (4) aiding State and local governments in developing systems of personnel administration that are responsive to the goals and needs of their programs and effective in attracting and retaining capable employees; and (5) facilitating temporary assignments of personnel between the Federal Government and State and local governments and institutions of higher education. SEC. 3. Assistance by Federal Agencies. The Civil Service Commission shall provide staff assistance to the Council, and upon request of the Chairman of the Council, other executive departments and agencies shall, consistent with law, furnish to the Council available information which may be required in the performance of its functions. SEC. 4. Reports. (a) The Council shall from time to time report its findings and recommendations to the President and to the Congress. (b) Not later than 18 months from this date, the Council shall submit an initial report on its activities which shall include its views and recommendations on (1) the feasibility and desirability of extending merit policies and standards to additional Federal-State grant-in-aid programs; (2) the feasibility and desirability of extending merit policies and standards to grant-in-aid programs of a Federal-local character; (3) appropriate standards for merit personnel administration, where applicable, including those established by regulations with respect to existing Federal grant-in-aid programs; and (4) the feasibility and desirability of financial and other incentives to encourage State and local governments in the development of comprehensive systems of personnel administration based on merit principles. RICHARD NIXON The White House July 19, 1971
Executive Order 11607—Establishing the Advisory Council on Intergovernmental Personnel Policy
Executive Brief • At a Glance
There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council).
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 July 19, 1971, this order concerns Establishing the Advisory Council on Intergovernmental Personnel Policy. Establishment of the Council. (a) There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council). (b) The Council shall be composed of not more than 15 members, all appointed by the President, and shall consist primarily of officials of the Federal Government and State and local governments, but shall also include members selected from educational and…
Key Directives & Operative Actions
There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council).
The Council shall be composed of not more than 15 members, all appointed by the President, and shall consist primarily of officials of the Federal Government and State and local governments, but shall also include members selected from educational and training institutions or organizations, public employee or labor organizations, and the general public.
At least half of the governmental members shall be State and local officials.
The President shall designate a Chairman and a Vice Chairman from among the members of the Council.
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
"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.
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.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
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. 11,607 (July 19, 1971), https://executiveordersarchive.org/orders/app-executive-order-11607-establishing-the-advisory-council-intergovernmental-personnel-policy.