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Executive Orders Historical Archive
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Executive Order 11607 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11607—Establishing the Advisory Council on Intergovernmental Personnel Policy

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Monday, July 19, 1971
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3 min read (630 words)

Executive Brief • At a Glance

⏱️ 3 min read (630 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners 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 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…

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

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There is hereby established the Advisory Council on Intergovernmental Personnel Policy (hereinafter referred to as the Council).

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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.

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At least half of the governmental members shall be State and local officials.

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The President shall designate a Chairman and a Vice Chairman from among the members of the Council.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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
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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
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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
46 / 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

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

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

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
630
4,164 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
20.3
Post-Graduate Legal
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

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

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Referenced By Later Executive Orders (1)

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

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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.