By virtue of the authority vested in me by subchapter I of chapter 53 of title 5 of the United States Code, and section 3 of the Economic Stabilization Act Amendments of 1971, it is hereby ordered as follows: General Schedule SECTION 1. The rates of basic pay in the General Schedule contained in section 5332(a) of title 5 of the United States Code are adjusted as follows: Schedules for the Department of Medicine and Surgery of the Veterans' Administration SEC. 2. The schedules contained in section 4107 of title 38 of the United States Code, for certain positions within the Department of Medicine and Surgery of the Veterans' Administration, are adjusted as follows: "Section 4103 Schedule "Associate Deputy Chief Medical Director, $36,000. "Assistant Chief Medical Director, $39,693*. "Medical Director, $34,335 minimum to $38,915 maximum*. "Director of Nursing Service, $25,583 minimum to $33,260 maximum. "Director of Chaplain Service, $25,583 minimum to $33,260 maximum. "Chief Pharmacist, $25,583 minimum to $33,260 maximum. "Chief Dietitian, $25,583 minimum to $33,260 maximum. "Physician and Dentist Schedule "Director grade, $29,678 minimum to $37,590 maximum*. "Executive grade, $27,581 minimum to $35,852 maximum. "Chief grade, $25,583 minimum to $33,260 maximum. "Senior grade, $21,960 minimum to $28,548 maximum. "Intermediate grade, $18,737 minimum to $24,362 maximum. "Full grade, $15,866 minimum to $20,627 maximum. "Associate grade, $13,309 minimum to $17,305 maximum. "Nurse Schedule "Assistant Director grade, $21,960 minimum to $28,548 maximum. "Chief grade, $18,737 minimum to $24,362 maximum. "Senior grade, $15,866 minimum to $20,627 maximum. "Intermediate grade, $13,309 minimum to $17,305 maximum. "Full grade, $11,046 minimum to $14,358 maximum. "Associate grade, $9,524 minimum to $12,377 maximum. "Junior grade, $8,153 minimum to $10,601 maximum." Foreign Service Schedules SEC. 3. (a) The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Conversion Rules SEC. 4. The agencies hereinafter designated shall prescribe such rules as may be necessary to convert the rates of basic pay or salaries of officers and employees to the rates prescribed in this order: (1) General Schedule, the Civil Service Commission; (2) Schedules for the Department of Medicine and Surgery of the Veterans' Administration, the Veterans' Administration; (3) Foreign Service schedules, the Department of State. Effective Date SEC. 5. This order shall take effect as of the first day of the first applicable pay period beginning on or after January 1, 1972. RICHARD NIXON The White House December 22, 1971.
Executive Order 11637 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 11637—Adjusting Rates of Pay for Certain Statutory Pay Systems
Executive Brief • At a Glance
⏱️ 2 min read (444 words) •
● In Effect
🎯 Primary Mandate
The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Conversion Rules SEC. 4.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants 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 December 22, 1971, this order concerns Adjusting Rates of Pay for Certain Statutory Pay Systems. General Schedule SECTION 1. The rates of basic pay in the General Schedule contained in section 5332(a) of title 5 of the United States Code are adjusted as follows: Schedules for the Department of Medicine and Surgery of the Veterans' Administration SEC. 2.
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
▪
The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Conversion Rules SEC. 4.
▪
The agencies hereinafter designated shall prescribe such rules as may be necessary to convert the rates of basic pay or salaries of officers and employees to the rates prescribed in this order: (1) General Schedule, the Civil Service Commission; (2) Schedules for the Department of Medicine and Surgery of the Veterans' Administration, the Veterans' Administration; (3) Foreign Service schedules, the Department of State.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Foreign Nations & International Entities
🏛️ 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 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
📐
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
36 / 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
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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
444
2,933 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
10.5
High School
Text size:
🔗
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Gerald R. Ford • 1974-10-07
Related Executive Orders
Other executive actions signed by Richard Nixon around this period.
EO 11638 Dec 22, 1971
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11638—Adjusting the Rates of Monthly Basic Pay for Members of the Uniformed Services
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The rates of monthly basic pay for members of the uniformed services within each pay grade are adjusted upwards as set forth in the following tables: SEC. 2.
Richard Nixon High School • 1m
EO 11636 Dec 17, 1971
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11636—Employee-Management Relations in the Foreign Service of the United States
📜 Art. I §8: Delegated Tariff & Commerce Execution
I hereby direct that the following policies shall govern the foreign affairs agencies in all dealings with Foreign Service employees and organizations representing them. SECTION 1. Policy.
Richard Nixon Post-Graduate Legal • 20m
EO 11635 Dec 9, 1971
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11635—Continuation of Souris-Red-Rainy-River Basins Commission
📜 10th Amend: Intergovernmental Federalism Cooperation
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.
Richard Nixon High School • 1m
EO 11634 Dec 6, 1971
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11634—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11248 of October 10, 1965, as amended, is further amended as follows: 1. Section 1 of that order, placing certain positions in level IV of the Federal Executive Salary Schedule, is amended by adding thereto the following: "(12) Chairman, Pay Board.
Richard Nixon College Level • 1m
EO 11633 Dec 3, 1971
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11633—Security Clearance Program for United States Citizens Employed Directly by the North Atlantic Treaty Organization, the South-East Asia Treaty Organization, and the Central Treaty Organization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The United States now participates in the activities of the North Atlantic Treaty Organization (NATO)), the South-East Asia Treaty Organization (SEATO)), and the Central Treaty Organization (CENTO).
Richard Nixon Post-Graduate Legal • 2m
EO 11639 Jan 11, 1972
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11639—Providing for Pay Adjustments for Federal Prevailing Rate Systems
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The head of each executive agency or military department authorized to fix by administrative action the rate of basic pay for a position or employee under subchapter IV of chapter 53 of title 5 of the United States Code, shall fix any such rate in accordance with instructions…
Richard Nixon Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,637 (Dec. 22, 1971), https://executiveordersarchive.org/orders/app-executive-order-11637-adjusting-rates-pay-for-certain-statutory-pay-systems.
