By virtue of the authority vested in me by Section 1(c) (2) of the Act to provide for final settlement of the conflicting rights and interests of the Hopi and Navajo Tribes concerning lands within the reservation established by the Executive order of December 16, 1882, and lands within the reservation created by the Act of June 14, 1934, and for other purposes (Public Law 93-531, approved December 22, 1974, hereinafter referred to as the Act), and as President of the United States of America, Section 2(a) of Executive Order No. 11829 of January 6 1975, is hereby amended to read as follows: "Sec. 2. Functions of the Committee. (a) The Committee shall, to the extent permitted by law, and as provided by Section 1(c) (2) of the Act, develop relevant information for and respond to the requests of the Mediator who shall be appointed by the Director of the Federal Mediation and Conciliation Service pursuant to Section 1(a) of the Act, in order to facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiation process established by the Act." GERALD R. FORD The White House, April 17, 1975.
Executive Order 11853—Amending Executive Order No. 11829, Relating to the Hopi-Navajo Land Settlement Interagency Committee
Executive Brief • At a Glance
Section 2(a) of Executive Order No. 11829 of January 6 1975, is hereby amended to read as follows: "Sec. 2.
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 April 17, 1975, this order concerns Amending Executive Order No. 11829, Relating to the Hopi-Navajo Land Settlement Interagency Committee. Section 2(a) of Executive Order No. 11829 of January 6 1975, is hereby amended to read as follows: "Sec. 2. Functions of the Committee. (a) The Committee shall, to the extent permitted by law, and as provided by Section 1(c) (2) of the Act, develop relevant information for and respond to the requests of the Mediator who shall be appointed by the Director of the Federal Mediation and Conciliation Service pursuant to…
Key Directives & Operative Actions
Section 2(a) of Executive Order No. 11829 of January 6 1975, is hereby amended to read as follows: "Sec. 2.
The Committee shall, to the extent permitted by law, and as provided by Section 1(c) (2) of the Act, develop relevant information for and respond to the requests of the Mediator who shall be appointed by the Director of the Federal Mediation and Conciliation Service pursuant to Section 1(a) of the Act, in order to facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiation process established by the Act."
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 11,853 (Apr. 17, 1975), https://executiveordersarchive.org/orders/app-executive-order-11853-amending-executive-order-no-11829-relating-the-hopi-navajo-land.