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Executive Order 11731 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11731—Amending Executive Order No. 11647 Relating to Federal Regional Councils

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Monday, July 23, 1973
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4 min read (760 words)

Executive Brief • At a Glance

⏱️ 4 min read (760 words) • ● In Effect
🎯 Primary Mandate

There is hereby continued a Federal Regional Council for each of the ten standard Federal regions.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Public Health & Medical Institutions

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 July 23, 1973, this order concerns Amending Executive Order No. 11647 Relating to Federal Regional Councils. On February 10, 1972, I formally established Federal Regional Councils for each of the ten Federal regions, and established an Under Secretaries Group for Regional Operations to strengthen and improve services to the public at the regional level.

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

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Federal Regional Councils

There is hereby continued a Federal Regional Council for each of the ten standard Federal regions.

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I have now determined that the mandate of the Federal Regional Councils should be broadened to include the coordination of direct Federal program assistance to State and local governments (as well as grant assistance as now provided), that the membership of the Councils and the Under Secretaries Group for Regional Operations should be changed, and that the Deputy Director of the Office of Management and Budget should be substituted as Chairman of the Under Secretaries Group in place of the Associate Director of that agency.

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Each Council shall be composed of the principal regional officials of the Departments of Labor, Health, Education, and Welfare, Housing and Urban Development, Agriculture, the Interior, and Transportation, the Office of Economic Opportunity, the Environmental Protection Agency, and the Law Enforcement Assistance Administration.

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The President shall designate one member of each such Council as Chairman of that Council and such Chairman shall serve at the pleasure of the President.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
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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 1 (Maximum Authority)
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"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
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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
43 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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

Low Friction

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%).
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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
760
4,985 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
22.2
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

On February 10, 1972, I formally established Federal Regional Councils for each of the ten Federal regions, and established an Under Secretaries Group for Regional Operations to strengthen and improve services to the public at the regional level. I have now determined that the mandate of the Federal Regional Councils should be broadened to include the coordination of direct Federal program assistance to State and local governments (as well as grant assistance as now provided), that the membership of the Councils and the Under Secretaries Group for Regional Operations should be changed, and that the Deputy Director of the Office of Management and Budget should be substituted as Chairman of the Under Secretaries Group in place of the Associate Director of that agency. Now, THEREFORE, by virtue of the authority vested in me as President of the United States of America, sections 1, 2, and 3 of Executive Order No. 11647 of February 10, 1972, are amended to read as follows: SECTION 1. Federal Regional Councils. (a) There is hereby continued a Federal Regional Council for each of the ten standard Federal regions. Each Council shall be composed of the principal regional officials of the Departments of Labor, Health, Education, and Welfare, Housing and Urban Development, Agriculture, the Interior, and Transportation, the Office of Economic Opportunity, the Environmental Protection Agency, and the Law Enforcement Assistance Administration. The President shall designate one member of each such Council as Chairman of that Council and such Chairman shall serve at the pleasure of the President. Representatives of the Office of Management and Budget may participate in any deliberations of each Council. (b) Each member of each Council may designate an alternate who shall serve as a member of the Council involved whenever the regular member is unable to attend any meeting of the Council. (c) When the Chairman determines that matters which significantly affect the interests of the Federal agencies which are not represented on any such Council are to be considered by the Council, he shall invite the regional director or other appropriate representative of the agency involved to participate in the deliberations of the Council. SEC. 2. Functions of the Council. Each Federal Regional Council shall be constituted as a body within which the participating agencies will, under the general policy formulation of the Under Secretaries Group, and to the maximum extent feasible, assist State and local government by the coordination of the Federal program grants and operations through: (1) the development of better ways to deliver the benefits of Federal programs over the short term; (2) the development of integrated program and funding plans with Governors and local chief executives; (3) the encouragement of joint and complementary Federal grant applications by local and State governments; (4) the expeditious resolution of conflicts and problems which may arise between Federal agencies; (5) the evaluation of programs in which two or more member agencies participate; (6) the development of more effective ways of allocating Federal resources to meet the long-range needs of State and local communities; (7) the supervision of regional interagency program coordination mechanisms; and (8) the development of administrative procedures to improve day-to-day cooperation on an interagency and intergovernmental basis. SEC. 3. Under Secretaries Group for Regional Operations. The Under Secretaries Group for Regional Operations is hereby continued and shall be composed of the Under Secretaries of Agriculture, the Interior, Labor, Health, Education, and Welfare, Housing and Urban Development, and Transportation, the Administrator of the Law Enforcement Assistance Administration, the Deputy Director of the Office of Economic Opportunity, the Deputy Administrator of the Environmental Protection Agency, an Associate Director of the Domestic Council, and the Deputy Director of the Office of Management and Budget, who shall serve as the Chairman of the Group. When the Chairman determines that matters which significantly affect the interest of Federal agencies which are not represented on the Group are to be considered by the Group, he shall invite an appropriate representative of the agency involved to participate in the deliberations of the Group. The Under Secretaries Group for Regional Operations shall, consistent with the objectives and priorities established by the President and the Domestic Council, establish policy with respect to Federal Regional Council matters, provide guidance to the Councils, respond to their initiatives, and seek to resolve policy issues referred to it by the Councils. The Under Secretaries Group, under the Chairmanship of the Deputy Director of the Office of Management and Budget, shall be responsible for the proper functioning of the system established by this order. RICHARD NIXON The White House, July 23, 1973.

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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. 11,731 (July 23, 1973), https://executiveordersarchive.org/orders/app-executive-order-11731-amending-executive-order-no-11647-relating-federal-regional-councils.