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. 11768, of February 20, 1974, as amended, placing certain positions in level IV of the Executive Schedule, is further amended as follows: (1) By deleting "(3) Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare." and inserting in lieu thereof " (3) Administrator, Health Services Administration, Department of Health, Education, and Welfare.", (2) By deleting "(12) Deputy Under Secretary for Legislative Affairs, Department of Commerce." and inserting in lieu thereof "(12) Assistant to the Secretary for Congressional Affairs, Department of Commerce.", (3) By deleting "(15) Commissioner General of the International Exposition on the Environment, Department of Commerce.", and inserting in lieu thereof "(15) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective as of March 1, 1975.", and (4) By deleting "(16) Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.". GERALD R. FORD The White House, January 9, 1975.
Executive Order 11831 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11831—Amending Executive Order No. 11768, Placing Certain Positions in Levels IV and V of the Executive Schedule
Executive Brief • At a Glance
⏱️ 1 min read (181 words) •
● In Effect
🎯 Primary Mandate
Of Executive Order No. 11768, of February 20, 1974, as amended, placing certain positions in level IV of the Executive Schedule, is further amended as follows: (1) By deleting "(3) Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare." and inserting in lieu thereof " (3) Administrator, Health Services Administration, Department of Health, Education, and Welfare.", (2) By deleting "(12) Deputy Under Secretary for Legislative Affairs, Department of Commerce." and inserting in lieu thereof "(12) Assistant to the Secretary for Congressional Affairs, Department of Commerce.", (3) By deleting "(15) Commissioner General of the International Exposition on the Environment, Department of…
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Public Health & Medical Institutions 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 Gerald R. Ford on January 9, 1975, this order concerns Amending Executive Order No. 11768, Placing Certain Positions in Levels IV and V of the Executive Schedule. Of Executive Order No. 11768, of February 20, 1974, as amended, placing certain positions in level IV of the Executive Schedule, is further amended as follows: (1) By deleting "(3) Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare." and inserting in lieu thereof " (3) Administrator, Health Services Administration, Department of Health, Education, and…
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. 11768, of February 20, 1974, as amended, placing certain positions in level IV of the Executive Schedule, is further amended as follows: (1) By deleting "(3) Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare." and inserting in lieu thereof " (3) Administrator, Health Services Administration, Department of Health, Education, and Welfare.", (2) By deleting "(12) Deputy Under Secretary for Legislative Affairs, Department of Commerce." and inserting in lieu thereof "(12) Assistant to the Secretary for Congressional Affairs, Department of Commerce.", (3) By deleting "(15) Commissioner General of the International Exposition on the Environment, Department of…
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Public Health & Medical Institutions
🏛️ 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
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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.
🛡️ 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
181
1,227 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
15.2
College Level
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11768 Feb 20, 1974
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11768—Placing Certain Positions in Levels IV and V of the Executive Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following offices and positions are placed in level IV of the Executive Schedule: (1) Administrator, Social and Rehabilitation Service, Department of Health, Education, and Welfare. (2) Director, National Institutes of Health, Department of Health, Education, and Welfare.
Richard Nixon College Level • 2m
EO 11832 Jan 9, 1975
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11832—Establishing a National Commission on the Observance of International Women's Year, 1975
📜 5th Amend: Regulatory Execution with Due Process
There is increasing recognition of, and interest in, the contributions of women to the national life of this country in all its important aspects--cultural, political, economic, and social.
Gerald R. Ford College Level • 5m
EO 11830 Jan 9, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11830—Enlarging the Membership of the Interagency Committee on Handicapped Employees
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Interagency Committee on Handicapped Employees shall be comprised of the following (or their designees whose positions are executive level IV or higher): (1) The Secretary of Defense. (2) The Secretary of Labor. (3) The Secretary of Health, Education, and Welfare.
Gerald R. Ford High School • 1m
EO 11829 Jan 6, 1975
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 11829—The Hopi-Navajo Land Settlement Interagency Committee
📜 Art. II §3: Administrative Management & Civil Service
There is established the Hopi-Navajo Land Settlement Interagency Committee (hereinafter referred to as the Committee). The membership of the Committee shall consist of the Secretary of the Interior, who shall be its Chairman, the Attorney General, the Secretary of Agriculture…
Gerald R. Ford Post-Graduate Legal • 2m
EO 11833 Jan 13, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11833—Withholding of City Income or Employment Taxes by Federal Agencies
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following regulations governing agreements entered into by the Secretary of the Treasury and any city, pursuant to the provisions of section 5520 of title 5 of the United States Code, relative to the withholding of city income or employment taxes from the…
Gerald R. Ford Post-Graduate Legal • 4m
EO 11828 Jan 4, 1975
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11828—Establishing a Commission on CIA Activities Within the United States
📜 5th Amend: Regulatory Execution with Due Process
Establishment of the Commission. There is hereby established a Commission on CIA Activities Within the United States (hereinafter referred to as the "Commission"), to be composed of a Chairman and other members to be appointed by the President. SEC. 2.
Gerald R. Ford College Level • 3m
📜
Scholarly & Legal Citations
Exec. Order No. 11,831 (Jan. 9, 1975), https://executiveordersarchive.org/orders/app-executive-order-11831-amending-executive-order-no-11768-placing-certain-positions-levels.
