The Governors of the member States of the Souris-Red-Rainy River Basins Commission and the Water Resources Council have requested the continuation of the Commission beyond its present termination date. I have determined that it would be in the public interest to comply with that request and continue the joint Federal-State water and related land resources planning and coordination activities being carried out by the Commission. Now, THEREFORE, by virtue of the authority vested in me by section 201 of the Water Resources Planning Act (42 U.S.C. 1962b), and as President of the United States, section 7 of Executive Order No. 11359 of June 20, 1967, is hereby amended to read as follows: "SEC. 7. Termination. The Commission shall terminate on June 30, 1973, unless, upon recommendation of both the Council and not less than one-half the number of member States, this order is extended." RICHARD NIXON The White House December 9, 1971
Executive Order 11635—Continuation of Souris-Red-Rainy-River Basins Commission
Executive Brief • At a Glance
Now, THEREFORE, by virtue of the authority vested in me by section 201 of the Water Resources Planning Act (42 U.S.C. 1962b), and as President of the United States, section 7 of Executive Order No. 11359 of June 20, 1967, is hereby amended to read as follows: "SEC. 7.
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 December 9, 1971, this order concerns Continuation of Souris-Red-Rainy-River Basins Commission. The Governors of the member States of the Souris-Red-Rainy River Basins Commission and the Water Resources Council have requested the continuation of the Commission beyond its present termination date. I have determined that it would be in the public interest to comply with that request and continue the joint Federal-State water and related land resources planning and coordination activities being carried out by…
Key Directives & Operative Actions
Now, THEREFORE, by virtue of the authority vested in me by section 201 of the Water Resources Planning Act (42 U.S.C. 1962b), and as President of the United States, section 7 of Executive Order No. 11359 of June 20, 1967, is hereby amended to read as follows: "SEC. 7.
The Commission shall terminate on June 30, 1973, unless, upon recommendation of both the Council and not less than one-half the number of member States, this order is extended."
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 in close harmony with statutory authority and standard Article II supervisory execution.
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. 11,635 (Dec. 9, 1971), https://executiveordersarchive.org/orders/app-executive-order-11635-continuation-souris-red-rainy-river-basins-commission.