By virtue of the authority vested in me by Section 5317 of Title 5 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: SECTION 1. Executive Order No. 11861 of May 21, 1975, as amended, is further amended: (a) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(2) Director, National Institutes of Health, Department of Health, Education, and Welfare." and substitute therefor "(2) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health, Education, and Welfare." (b) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975." and substitute therefor "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury." (c) In Section 2 thereof, placing certain positions in level V of the Executive Schedule, delete "(7) Assistant to the Secretary and Director, Office of Revenue Sharing, Department of the Treasury." SEC. 2. Executive Order No. 11864 of June 13, 1975, is hereby superseded. GERALD R. FORD The White House, September 2, 1975.
Executive Order 11877 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11877—Amending Executive Order No. 11861, as Amended, Placing Certain Positions in Levels IV and V of the Executive Schedule
Executive Brief • At a Glance
⏱️ 1 min read (199 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 11861 of May 21, 1975, as amended, is further amended: (a) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(2) Director, National Institutes of Health, Department of Health, Education, and Welfare." and substitute therefor "(2) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health, Education, and Welfare." (b) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975." and substitute therefor "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of…
⚖️ 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 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 September 2, 1975, this order concerns Amending Executive Order No. 11861, as Amended, Placing Certain Positions in Levels IV and V of the Executive Schedule. Executive Order No. 11861 of May 21, 1975, as amended, is further amended: (a) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(2) Director, National Institutes of Health, Department of Health, Education, and Welfare." and substitute therefor "(2) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health, Education, and Welfare." (b) In…
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
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Executive Order No. 11861 of May 21, 1975, as amended, is further amended: (a) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(2) Director, National Institutes of Health, Department of Health, Education, and Welfare." and substitute therefor "(2) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health, Education, and Welfare." (b) In Section 1 thereof, placing certain positions in level IV of the Executive Schedule, delete "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975." and substitute therefor "(13) Adviser to the Secretary (Counselor, Economic Policy Board), Department of…
▪
Executive Order No. 11864 of June 13, 1975, is hereby superseded.
Constitutional & Societal Entities Impacted
🏛️ 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
📐
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
28 / 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
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
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
199
1,275 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.7
College Level
Text size:
Related Executive Orders
2 orders 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 11864 Jun 13, 1975
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11864—Amending Executive Order No. 11861, Placing Certain Positions in Levels IV and V of the Executive Schedule
📜 Art. I §8: Delegated Tariff & Commerce Execution
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…
Gerald R. Ford College Level • 1m
EO 11876 Sep 2, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11876—Creating an Emergency Board to Investigate a Dispute Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
📜 Art. II §1: Executive Discretion & Internal Operations
A dispute exists between the carriers represented by the National Railway Labor Conference, designated in lists attached hereto and made a part hereof, and certain of their employees represented by the Railway Employees’ Department, AFL-CIO; International Brotherhood of…
Gerald R. Ford Post-Graduate Legal • 1m
EO 11878 Sep 10, 1975
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11878—Assigning Responsibilities Relating to Activities of the Presidential Clemency Board
📜 Art. II §3: Faithful Execution of Statutory Law
Section 9 of Executive Order No. 11803 of September 16, 1974, as amended, is amended to read: "The Board shall submit its final recommendations to the President not later than September 15, 1975, at which time it shall cease to exist." SEC. 2.
Gerald R. Ford Post-Graduate Legal • 2m
EO 11879 Sep 17, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11879—Delegating to the Secretary of Commerce Functions Relating to Orders for the Provision of Chemicals or Substances Necessary for Treatment of Water
📜 Art. II §1: Executive Discretion & Internal Operations
The Secretary of Commerce is hereby delegated, with power to redelegate to agencies, officers and employees of the Government, the functions of the President contained in said section 1441.
Gerald R. Ford High School • 1m
EO 11875 Aug 9, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11875—Delegating Certain Functions to the Secretary of Transportation
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Secretary of Transportation is hereby designated and empowered, in consultation with the Secretaries of State and Defense, and the heads of other appropriate agencies, to conduct the full and complete investigation and study, concerning the possible expansion of war risk…
Gerald R. Ford College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,877 (Sept. 2, 1975), https://executiveordersarchive.org/orders/app-executive-order-11877-amending-executive-order-no-11861-amended-placing-certain-positions.
