By virtue of the authority vested in me by the Constitution, and as President of the United States and Commander in Chief of the Armed Forces of the United States, Executive Order No. 10713 of June 5, 1957, as amended by Executive Order No. 11010 of March 19, 1962, Executive Order No. 11263 of December 20, 1965, and Executive Order No. 11395 of January 31, 1968, is hereby further amended as follows: 1. Section 6(a) of that Order is revised to read as fol. lows: "(a) The legislative power of the Government of the Ryukyu Islands, except as otherwise provided in this order, shall be vested in a legislative body consisting of a single house. Members of the legislative body shall be directly elected by the people of the islands in 1962, and triennially thereafter, for terms of three years, provided that the terms of office for incumbent members of the legislative body, as of the effective date of this amendment, shall extend until the date of entry into force of the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands." 2. Section 8 (b) (1) of that Order is revised to read as follows: "(b) (1) The Chief Executive shall be elected by the people of the Ryukyu Islands. The person having the greatest number of votes shall be the Chief Executive, provided that he shall have received at least one-fourth of the total number of votes cast. The Chief Executive shall be elected on the same day as are the members of the legislative body and shall serve a term concurrent with the term of the members of the legislative body and thereafter until his successor takes office; provided that the term of office of the incumbent Chief Executive, as of the effective date of this amendment, shall extend until the entry into force of the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands. The first such election of the Chief Executive shall be on the same day as the legislative elections in November 1968. The legislative body shall by law establish procedures for the election of the Chief Executive, determine the qualifications for the office of Chief Executive and provide for special elections when necessary to fill a vacancy." RICHARD NIXON The White House September 10, 1971
Executive Order 11618—Further Amending Executive Order No. 10713, Providing for Administration of the Ryukyu Islands
Executive Brief • At a Glance
Executive Order No. 11263 of December 20, 1965, and Executive Order No. 11395 of January 31, 1968, is hereby further amended as follows: 1.
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 10, 1971, this order concerns Further Amending Executive Order No. 10713, Providing for Administration of the Ryukyu Islands. Executive Order No. 11263 of December 20, 1965, and Executive Order No. 11395 of January 31, 1968, is hereby further amended as follows: 1. Section 6(a) of that Order is revised to read as fol. lows: "(a) The legislative power of the Government of the Ryukyu Islands, except as otherwise provided in this order, shall be vested in a legislative body consisting of a single house.
Key Directives & Operative Actions
Executive Order No. 11263 of December 20, 1965, and Executive Order No. 11395 of January 31, 1968, is hereby further amended as follows: 1.
Section 6(a) of that Order is revised to read as fol. lows: "(a) The legislative power of the Government of the Ryukyu Islands, except as otherwise provided in this order, shall be vested in a legislative body consisting of a single house.
Members of the legislative body shall be directly elected by the people of the islands in 1962, and triennially thereafter, for terms of three years, provided that the terms of office for incumbent members of the legislative body, as of the effective date of this amendment, shall extend until the date of entry into force of the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands." 2.
The person having the greatest number of votes shall be the Chief Executive, provided that he shall have received at least one-fourth of the total number of votes cast.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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.
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.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 11,618 (Sept. 10, 1971), https://executiveordersarchive.org/orders/app-executive-order-11618-further-amending-executive-order-no-10713-providing-for.