On June 16, 1971, I issued Executive Order No. 11598 to facilitate the employment of returning veterans by requiring Federal agencies and Federal contractors and their subcontractors to list employment openings with the employment service systems. Section 503 of the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (Public Law 92-540; 86 Stat. 1097) added a new section 2012 to Title 38 of the United States Code which, in effect, provides statutory authority to extend the program developed under that order with respect to Government contractors and their subcontractors. Now, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code and as President of the United States, it is hereby ordered as follows: SECTION 1. 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 Service. This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service Laws. Rules, regulations, and orders to implement this section shall be developed in consultation with the Civil Service Commission. SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority of the President under Section 2012 of Title 38 of the United States Code. SEC. 3. The Secretary of Labor shall gather information on the effectiveness of the program established under this order and Section 2012 of Title 38 of the United States Code and of the extent to which the employment service system is fulfilling the employment needs of veterans. The Secretary of Labor shall, from time to time, report to the President concerning his evaluation of the effectiveness of this order along with his recommendations for further action which the Secretary believes to be appropriate. SEC. 4. Appropriate departments and agencies shall, in consultation with the Secretary of Labor, issue such amendments or additions to procurement rules and regulations as may be necessary to carry out the purposes of this order and Section 2012 of Title 38 of the United States Code. Except as otherwise provided by law, all executive departments and agencies are directed to cooperate with the Secretary of Labor, to furnish the Secretary of Labor with such information and assistance as he may require in the performance of his functions under this order, and to comply with rules, regulations, and orders of the Secretary. SEC. 5. Executive Order No. 11598 of June 16, 1971, is hereby superseded. RICHARD NIXON The White House, January 24, 1973.
Executive Order 11701 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 11701—Employment of Veterans by Federal Agencies and Government Contractors and Subcontractors
Executive Brief • At a Glance
⏱️ 2 min read (456 words) •
● In Effect
🎯 Primary Mandate
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 Service.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 24, 1973, this order concerns Employment of Veterans by Federal Agencies and Government Contractors and Subcontractors. 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 Service.
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
▪
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 Service.
▪
This section shall not be construed as requiring the employment of individuals referred by such office or as superseding any requirements of the Civil Service Laws.
▪
Rules, regulations, and orders to implement this section shall be developed in consultation with the Civil Service Commission.
▪
The Secretary of Labor is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority of the President under Section 2012 of Title 38 of the United States Code.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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
"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: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8
High Friction
Legislative Encroachment & Purse
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
456
2,849 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.6
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11598 Jun 16, 1971
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11598—To Provide for the Listing of Certain Job Vacancies by Federal Agencies and Government Contractors and Subcontractors
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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 • 3m
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 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 11699 Jan 22, 1973
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11699—Amending Executive Order No. 11248, Placing Certain Positions in Levels IV and V of the Federal Executive Salary
📜 Art. I §8: Delegated Tariff & Commerce Execution
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…
Richard Nixon College Level • 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. 11,701 (Jan. 24, 1973), https://executiveordersarchive.org/orders/app-executive-order-11701-employment-veterans-federal-agencies-and-government-contractors-and.
