By virtue of the authority vested in me by Section 5317 of Title 5 of the United States Code, Section 1 of Executive Order No. 11861, of May 21, 1975, placing certain positions in level IV of the Executive Schedule, is amended, effective June 1, 1975, by revising paragraph (13) to read as follows: "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975." GERALD R. FORD The White House, June 13, 1975.
Executive Order 11864 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11864—Amending Executive Order No. 11861, Placing Certain Positions in Levels IV and V of the Executive Schedule
Executive Brief • At a Glance
⏱️ 1 min read (82 words) •
● In Effect
🎯 Primary Mandate
Of Executive Order No. 11861, of May 21, 1975, placing certain positions in level IV of the Executive Schedule, is amended, effective June 1, 1975, by revising paragraph (13) to read as follows: "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975."
⚖️ 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 Gerald R. Ford on June 13, 1975, this order concerns Amending Executive Order No. 11861, Placing Certain Positions in Levels IV and V of the Executive Schedule. Of Executive Order No. 11861, of May 21, 1975, placing certain positions in level IV of the Executive Schedule, is amended, effective June 1, 1975, by revising paragraph (13) to read as follows: "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975."
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. 11861, of May 21, 1975, placing certain positions in level IV of the Executive Schedule, is amended, effective June 1, 1975, by revising paragraph (13) to read as follows: "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975."
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
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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
82
480 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
14.6
College Level
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Gerald R. Ford • 1975-09-02
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11861 May 21, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11861—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.
Gerald R. Ford College Level • 2m
EO 11863 Jun 12, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11863—Withholding of City Income or Employment Taxes by Federal Agencies
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby revoke Executive Order No. 11833 of January 13, 1975, and prescribe the following regulations to govern agreements between the Secretary of the Treasury and any city for the withholding of city income or employment taxes from the compensation of Federal employees…
Gerald R. Ford Post-Graduate Legal • 4m
EO 11862 Jun 11, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11862—Amending Executive Order No. 11652 Relating to Classification and Declassification of National Security Information and Material
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 11652 of March 8, 1972, as amended, is further amended as follows: (a) Section 2 (A) is amended by deleting the words "Atomic Energy Commission" and substituting instead the words "Energy Research and Development Administration." (b) Section 2 (B) is amended…
Gerald R. Ford College Level • 1m
EO 11865 Jun 16, 1975
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11865—Amending Executive Order No. 11808 of September 30, 1974 to Increase the Membership of the Executive Committee of the Economic Policy Board
📜 Art. I §8: Delegated Tariff & Commerce Execution
Section 4 (a) of Executive Order No. 11808, of September 30, 1974, is amended, in order to increase the membership of the Executive Committee of the Economic Policy Board, to read as follows: "Sec. 4 (a). There is hereby established the Executive Committee of the Board.
Gerald R. Ford College Level • 1m
EO 11866 Jun 18, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11866—Designating the World Intellectual Property Organization (WIPO) as a Public International Organization Entitled to Enjoy Certain Privilages, Exemptions, and Immunities
📜 5th Amend: Regulatory Execution with Due Process
I hereby designate the World Intellectual Property Organization as a public international organization entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act.
Gerald R. Ford Post-Graduate Legal • 1m
EO 11868 Jun 19, 1975
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.55)
Executive Order 11868—President's Commission on Olympic Sports
📜 Art. II §3: Faithful Execution of Statutory Law
America has a special interest in its representation in the Olympic Games and other international athletic competitions. As we mark our Bicentennial, nothing would be more fitting to our celebrations here at home than to be represented by our finest amateur athletes on the…
Gerald R. Ford Post-Graduate Legal • 4m
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Scholarly & Legal Citations
Exec. Order No. 11,864 (June 13, 1975), https://executiveordersarchive.org/orders/app-executive-order-11864-amending-executive-order-no-11861-placing-certain-positions-levels.
