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Executive Order 11659 Constitutional Neutral (+0.02)

Executive Order 11659—Establishment of the Upper Mississippi River Basin Commission

Richard Nixon Richard Nixon
•
Wednesday, March 22, 1972
•
3 min read (524 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 1972-03-22, establishes federal administrative policy concerning "Establishment of the Upper Mississippi River Basin Commission." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 1962b), and as President of the United States, it is ordered as follows: SECTION 1.
▪ It is hereby declared that the Upper Mississippi River Basin Commission is established under the provisions of Title II of the Water Resources Planning Act (42 U.S.C.
▪ It is hereby determined that, in accordance with Section 202 of the Act (42 U.S.C.
▪ The Commission and its officers, members, and employees shall perform and exercise, with respect to the area specified in Section 2 of this order, their respective functions, powers, and duties as set out in Title II of the Water Resources Planning Act.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions
Total Words
524
3,286 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11659, Richard Nixon (Mar 22, 1972). Available at https://executiveordersarchive.org/orders/app-executive-order-11659-establishment-the-upper-mississippi-river-basin-commission.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
The Water Resources Planning Act (79 Stat. 244; 42 U.S.C. 1962 et seq.) provides for the establishment of river basin water and related land resources commissions. In conformity with the requirements of that act the Governors of the States of the Upper Mississippi River drainage basin, as defined in Section 2 of this order, and the Water Resources Council have requested, or concurred in, the establishment of such a 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, it is ordered as follows: SECTION 1. Upper Mississippi River Basin Commission. It is hereby declared that the Upper Mississippi River Basin Commission is established under the provisions of Title II of the Water Resources Planning Act (42 U.S.C. 1962b et seq.). SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Upper Mississippi River Basin Commission referred to in Section 1 of this order shall extend to those portions of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin that are located within the Upper Mississippi River drainage basin, defined as the drainage basin of the Mississippi River above the mouth of the Ohio River, excluding the drainage basin of the Missouri River above a point immediately below the mouth of the Gasconade River. SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with Section 202 of the Act (42 U.S.C. 1962b-1), the Commission shall consist of the following members: (1) a Chairman to be appointed by the President, (2) one member from each of the following Federal departments and agencies: Department of Agriculture; Department of the Army; Department of Commerce; Department of Health, Education, and Welfare; Department of Housing and Urban Development; Department of the Interior; Department of Transportation; Federal Power Commission; Atomic Energy Commission; and the Environmental Protection Agency; such member to be appointed by the head of the department or independent agency he represents, (3) one member from each of the following States: Illinois, Iowa, Minnesota, Missouri, and Wisconsin, (4) one member from each interstate agency created by an interstate compact to which the consent of Congress has been given and whose jurisdiction extends to the waters of the area specified in Section 2. SEC. 4. Functions, Powers, and Duties. The Commission and its officers, members, and employees shall perform and exercise, with respect to the area specified in Section 2 of this order, their respective functions, powers, and duties as set out in Title II of the Water Resources Planning Act. SEC. 5. Consultation with Adjoining States. The Commission is expected to provide for procedures for consultation with the States of Indiana, Michigan, and South Dakota on any matter which might affect the water and related land resources of the headwater drainages of the Mississippi River Basin in those States and to give notice to those States of meetings of the Commission. SEC. 6. Reporting to the President. The Chairman of the Commission shall report to the President through the Water Resources Council. RICHARD NIXON The White House, March 22, 1972