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Executive Order 11641 Constitutional Fidelity (+0.29)

Executive Order 11641—Concentration of Law Enforcement Activities Relating to Drug Abuse

Richard Nixon Richard Nixon
•
Friday, January 28, 1972
•
3 min read (505 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Richard Nixon on 1972-01-28, establishes federal administrative policy concerning "Concentration of Law Enforcement Activities Relating to Drug Abuse." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ He shall advise the President with respect to all matters relating to the more effective enforcement by all Federal agencies of laws relating to illegal drug traffic and on methods by which the Federal Government can assist State and local governments in strengthening the enforcement of their laws relating to illegal drug traffic.
▪ He shall, as appropriate, recommend to the President plans, programs, legislation, techniques, and other measures designed to maximize at every level of government the Nation's campaign to stamp out illegal drug traffic through effective law enforcement.
▪ The Director shall consult with the Director of the Special Action Office for Drug Abuse Prevention and those officials shall ensure that all steps permitted by law are being taken by Federal, State, and local governments and, to the extent feasible, by private persons and organizations, to prevent drug abuse in this Nation and elsewhere.
▪ 11248 of October 10, 1965, as amended, is further amended by deleting "(12) Chairman, Pay Board," and by inserting in lieu thereof "(12) Director, Office for Drug Abuse Law Enforcement." SEC.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
Total Words
505
3,155 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
17
Post-Grad reading level
Constitutional Polarity
+0.29
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11641, Richard Nixon (Jan 28, 1972). Available at https://executiveordersarchive.org/orders/app-executive-order-11641-concentration-law-enforcement-activities-relating-drug-abuse.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
The menace of drug abuse threatens to sap our Nation's strength and destroy our Nation's character. It must be combatted in a variety of ways—through international measures, through domestic law enforcement, through programs dealing with prevention, education, treatment and rehabilitation. As one critical part of this balanced and comprehensive program, we must now give special emphasis to improving law enforcement activities at all levels of government. Now, THEREFORE, by virtue of the authority vested in me by the Constitution and laws of the United States, including section 5317 of Title 5 of the United States Code, as amended, it is hereby ordered as follows: SECTION 1. (a) The Attorney General of the United States shall provide for the establishment within the Department of Justice of an "Office for Drug Abuse Law Enforcement." (b) This Office shall be headed by a Director who shall have the title of Special Assistant Attorney General. (c) The Director shall also serve as a Special Consultant to the President for Drug Abuse Law Enforcement. He shall advise the President with respect to all matters relating to the more effective enforcement by all Federal agencies of laws relating to illegal drug traffic and on methods by which the Federal Government can assist State and local governments in strengthening the enforcement of their laws relating to illegal drug traffic. He shall, as appropriate, recommend to the President plans, programs, legislation, techniques, and other measures designed to maximize at every level of government the Nation's campaign to stamp out illegal drug traffic through effective law enforcement. (d) The Director shall be responsible for the development and implementation of a concentrated program throughout the Federal Government for the enforcement of Federal laws relating to the prevention of drug abuse and for cooperation with State and local governments in the enforcement of their drug abuse laws. The Attorney General is called upon to delegate to the Director those duties and authorities vested in him as are necessary to carry out those functions. SEC. 2. The Director shall consult with the Director of the Special Action Office for Drug Abuse Prevention and those officials shall ensure that all steps permitted by law are being taken by Federal, State, and local governments and, to the extent feasible, by private persons and organizations, to prevent drug abuse in this Nation and elsewhere. SEC. 3. Section 1 of Executive Order No. 11248 of October 10, 1965, as amended, is further amended by deleting "(12) Chairman, Pay Board," and by inserting in lieu thereof "(12) Director, Office for Drug Abuse Law Enforcement." SEC. 4. Each department and agency of the Federal Government shall, upon request and to the extent permitted by law, assist the Director of the Office for Drug Abuse Law Enforcement in the performance of functions assigned to him by or pursuant to this order, and the Director may, in carrying out those functions, utilize the services of any other agencies, Federal and State, as may be available and appropriate. RICHARD NIXON The White House, January 28, 1972