By virtue of the authority vested in me by section 5317 of title 5 of the United States Code, as amended, section 1 of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.", and inserting in lieu thereof the following: (1) Assistant to the Secretary for Legislative Affairs, Department of the Treasury. RICHARD NIXON The White House, January 22, 1973.
Executive Order 11699 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11699—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary
Executive Brief • At a Glance
⏱️ 1 min read (88 words) •
● In Effect
🎯 Primary Mandate
Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.", and inserting in lieu thereof the following: (1) Assistant to the Secretary for Legislative Affairs, Department of the Treasury.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants 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 January 22, 1973, this order concerns Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary. Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.", and inserting in lieu thereof the following: (1) Assistant to the Secretary for Legislative Affairs, Department of the Treasury.
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
▪
Of Executive Order No. 11248 of October 10, 1965, as amended, placing certain positions in level IV of the Federal Executive Salary Schedule, is further amended by deleting "(1) Special Assistant to the Secretary (Congressional Relations), Treasury Department.", and inserting in lieu thereof the following: (1) Assistant to the Secretary for Legislative Affairs, Department of the Treasury.
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
🏛️ 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.
🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
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
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
88
556 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
15
College Level
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11248 Oct 10, 1965
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11248—Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following offices and positions are placed in Level IV of the Federal Executive Salary Schedule: (1) Special Assistant to the Secretary (for Enforcement), Treasury Department. (2) Principal Deputy Director of Defense Research and Engineering, Department of Defense. SEC. 2.
Lyndon B. Johnson High School • 1m
EO 11700 Jan 23, 1973
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11700—Providing for the Closing of Government Departments and Agencies on Thursday, January 25, 1973
📜 Art. II §2: Commander-in-Chief Supervisory Authority
All executive departments, independent establishments, and other governmental agencies, including their field services, shall be closed on Thursday, January 25, 1973 as a mark of respect for Lyndon Baines Johnson, the thirty-sixth President of the United States.
Richard Nixon College Level • 1m
EO 11701 Jan 24, 1973
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11701—Employment of Veterans by Federal Agencies and Government Contractors and Subcontractors
📜 10th Amend: Intergovernmental Federalism Cooperation
The Secretary of Labor shall issue rules and regulations requiring each department and agency of the executive branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment…
Richard Nixon Post-Graduate Legal • 2m
EO 11702 Jan 25, 1973
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11702—Relative to the Executive Office of the President
📜 Art. II §1: Executive Discretion & Internal Operations
The Office of Consumer Affairs, established by Executive Order No. 11583 of February 24, 1971, as amended by Executive Order No. 11595 of May 26, 1971, together with its functions, is hereby transferred from the Executive Office of the President to the Department of Health…
Richard Nixon High School • 1m
EO 11698 Jan 19, 1973
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11698—Relating to the Implementation of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
📜 10th Amend: Intergovernmental Federalism Cooperation
The Department of Justice is designated as the Central Authority to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them.
Richard Nixon College Level • 1m
EO 11697 Jan 17, 1973
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11697—Inspection by Department of Agriculture of Income Tax Returns Made Under the Internal Revenue Code of 1954 of Persons Having Farm Operations
📜 Art. I §8: Delegated Tariff & Commerce Execution
Income tax returns made for taxable years beginning on or after January 1, 1967, of persons having farm operations shall be open to inspection to the extent readily available in the Internal Revenue Service (for the purpose of obtaining data about such persons' farm operations)…
Richard Nixon College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,699 (Jan. 22, 1973), https://executiveordersarchive.org/orders/app-executive-order-11699-amending-executive-order-no-11248-placing-certain-positions-levels.
