By virtue of the authority vested in me by section 48 (a) (7) (C) of the Internal Revenue Code of 1954, as amended (26 U.S.C. 48 (a) (7) (C)), and having determined that the application of section 48 (a) (7) (A) to the articles or class of articles described herein is not in the public interest, it is hereby ordered that section 48 (a) (7) (A) shall not apply to an acquisition by the taxpayer of: (a) Any article the unit cost of which to the taxpayer is not in excess of $500; or (b) Agricultural implements, machinery, and equipment which are determined by the Secretary of the Treasury to be free of duty under an item of the tariff schedules of the United States (19 U.S.C. 1202), lists of the items to be published from time to time in the Federal Register. The provisions of this Executive Order shall apply to property described herein acquired pursuant to an order placed by the taxpayer after August 15, 1971, and before December 20, 1971. RICHARD NIXON The White House, April 11, 1972
Executive Order 11666 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11666—Qualification for the Investment Credit on Certain Articles and Classes of Articles of Predominantly Foreign Origin
Executive Brief • At a Glance
⏱️ 1 min read (181 words) •
● In Effect
🎯 Primary Mandate
The provisions of this Executive Order shall apply to property described herein acquired pursuant to an order placed by the taxpayer after August 15, 1971, and before December 20, 1971.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Private Citizens & Property Owners Financial Institutions & Monetary Authorities
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 April 11, 1972, this order concerns Qualification for the Investment Credit on Certain Articles and Classes of Articles of Predominantly Foreign Origin. Section 48 (a) (7) (A) shall not apply to an acquisition by the taxpayer of: (a) Any article the unit cost of which to the taxpayer is not in excess of $500; or (b) Agricultural implements, machinery, and equipment which are determined by the Secretary of the Treasury to be free of duty under an item of the tariff schedules of the United States (19 U.S.C. 1202), lists of the items to be published from time to time…
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
▪
The provisions of this Executive Order shall apply to property described herein acquired pursuant to an order placed by the taxpayer after August 15, 1971, and before December 20, 1971.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Private Citizens & Property Owners
🏛️ Financial Institutions & Monetary Authorities
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
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Supportive of Execution
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
📐
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
31 / 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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
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
181
997 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.8
Post-Graduate Legal
Text size:
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Other executive actions signed by Richard Nixon around this period.
EO 11665 Apr 10, 1972
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11665—James F. Byrnes
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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📜 5th Amend: Regulatory Execution with Due Process
There is hereby established the President's Advisory Committee on the Environmental Merit Awards Program. The Committee shall be composed of a Chairman, to be designated by the President, and such members as the President may, from time to time, appoint.
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EO 11668 Apr 21, 1972
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
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📜 10th Amend: Intergovernmental Federalism Cooperation
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EO 11664 Mar 31, 1972
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Executive Order 11664—Creating an Emergency Board to Investigate a Dispute Between the Penn Central Transportation Company and Certain of Its Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a Board of three members, to be appointed by me, to investigate this dispute. No member of the Board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Richard Nixon Post-Graduate Legal • 1m
EO 11663 Mar 31, 1972
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11663—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a board, of three members, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Richard Nixon Post-Graduate Legal • 1m
EO 11662 Mar 29, 1972
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11662—Further Providing for the Administration of the Disaster Relief Act of 1970, as Amended
📜 Art. II §1: Executive Discretion & Internal Operations
Section 301 of title 3 of the United States Code, and as President of the United States, Executive Order No. 11575 of December 31, 1970, is amended by substituting "Disaster Relief Act of 1970, as amended" for "Disaster Relief Act of 1970." Any reference in any other order to…
Richard Nixon High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,666 (Apr. 11, 1972), https://executiveordersarchive.org/orders/app-executive-order-11666-qualification-for-the-investment-credit-certain-articles-and-classes.
