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Executive Order 11660 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 11660—Amending Executive Order No. 11640, Further Providing for the Stabilization of the Economy

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Thursday, March 23, 1972
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3 min read (539 words)

Executive Brief • At a Glance

⏱️ 3 min read (539 words) • ● In Effect
🎯 Primary Mandate

Subsection (a) of section 1 of Executive Order No. 11640 of January 26, 1972, is amended by inserting in lieu of the first sentence thereof the following: "The Pay Board and Price Commission established by sections 7 and 8 of Executive Order No. 11627 of October 15, 1971, are hereby continued, except to the extent that the language prescribing the composition of the Pay Board and the Price Commission has been modified by sections 7 (b) and 8(b) of this Order, as amended, and shall act as agencies of the United States.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People

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 March 23, 1972, this order concerns Amending Executive Order No. 11640, Further Providing for the Stabilization of the Economy. Subsection (a) of section 1 of Executive Order No. 11640 of January 26, 1972, is amended by inserting in lieu of the first sentence thereof the following: "The Pay Board and Price Commission established by sections 7 and 8 of Executive Order No. 11627 of October 15, 1971, are hereby continued, except to the extent that the language prescribing the composition of the Pay Board and the Price Commission has been…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Subsection (a) of section 1 of Executive Order No. 11640 of January 26, 1972, is amended by inserting in lieu of the first sentence thereof the following: "The Pay Board and Price Commission established by sections 7 and 8 of Executive Order No. 11627 of October 15, 1971, are hereby continued, except to the extent that the language prescribing the composition of the Pay Board and the Price Commission has been modified by sections 7 (b) and 8(b) of this Order, as amended, and shall act as agencies of the United States.

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The Chairman of each of these bodies, acting in accordance with the majority vote of its members, shall, pursuant to the goals established by the Cost of Living Council, take such steps as may be necessary, and authorized by or pursuant to this Order, to stabilize prices, rents, wages, and salaries." SEC. 2.

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Subsection (b) of section 7 of Executive Order No. 11640 is amended by inserting in lieu of the first four sentences thereof the following: "The Board shall be composed of such members as the President has appointed or may, from time to time, appoint and who arc serving pursuant to such appointment.

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Such members shall be appointed by and with the advice and consent of the Senate ; except that the foregoing requirement with respect to Senate confirmation does not apply to any member of the Board who was serving, pursuant to appointment by the President, on December 22, 1971, and who continues to serve pursuant to such appointment, after such time.

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Policy Areas & Topics

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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
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"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

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.

Madisonian Stance: Vigilant / Cautionary
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: Defends Vigor & Dispatch
GM

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.

Anti-Federalist Stance: Eternal Vigilance Required
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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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Low Friction

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

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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%).
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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
539
3,180 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.5
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Constitution and statutes of the United States, particularly the Economic Stabilization Act of 1970, as amended, it is hereby ordered as follows: SECTION 1. Subsection (a) of section 1 of Executive Order No. 11640 of January 26, 1972, is amended by inserting in lieu of the first sentence thereof the following: "The Pay Board and Price Commission established by sections 7 and 8 of Executive Order No. 11627 of October 15, 1971, are hereby continued, except to the extent that the language prescribing the composition of the Pay Board and the Price Commission has been modified by sections 7 (b) and 8(b) of this Order, as amended, and shall act as agencies of the United States. The Chairman of each of these bodies, acting in accordance with the majority vote of its members, shall, pursuant to the goals established by the Cost of Living Council, take such steps as may be necessary, and authorized by or pursuant to this Order, to stabilize prices, rents, wages, and salaries." SEC. 2. Subsection (b) of section 7 of Executive Order No. 11640 is amended by inserting in lieu of the first four sentences thereof the following: "The Board shall be composed of such members as the President has appointed or may, from time to time, appoint and who arc serving pursuant to such appointment. Such members shall be appointed by and with the advice and consent of the Senate ; except that the foregoing requirement with respect to Senate confirmation does not apply to any member of the Board who was serving, pursuant to appointment by the President, on December 22, 1971, and who continues to serve pursuant to such appointment, after such time. The members of the Board shall serve at the pleasure of the President and one of the members designated by the President shall serve as Chairman." SEC. 3. (a) Subsection (b) of section 8 of Executive Order No. 11640 is amended by inserting in lieu of the first two sentences thereof the following: "The Commission shall be composed of such members as the President has appointed or may, from time to time, appoint and who are serving pursuant to such appointment. Such members shall be appointed by and with the advice and consent of the Senate; except that the foregoing requirement with respect to Senate confirmation does not apply to any member of the Commission who was serving, pursuant to appointment by the President, on December 22, 1971, and who continues to serve pursuant to such appointment, after such time." SEC. 3. (b) The penultimate sentence of section 8 (b) of Executive Order No. 11640 is amended by deleting "Executive Director of the Board" and inserting in lieu thereof "Executive Director of the Commission". SEC. 4. All orders, regulations, circulars, or other directives issued and all other actions taken pursuant to Executive Order No. 11615, as amended, Executive Order No. 11627, as amended, and Executive Order No. 11640, and in effect on the date of this Order, are hereby confirmed and ratified, and shall remain in full force and effect, unless and until altered, amended, or revoked by competent authority. RICHARD NIXON The White House, March 23, 1972

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 11,660 (Mar. 23, 1972), https://executiveordersarchive.org/orders/app-executive-order-11660-amending-executive-order-no-11640-further-providing-for-the.