By virtue of the authority vested in me by section 305(a) of title 37 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces of the United States, part H of Executive Order No. 11157 of June 22, 1964, as amended, is hereby amended as follows: SECTION 1. At the end of section 204, add the following: "Enlisted members shall be entitled to special pay under this section when attached to ships undergoing repair and overhaul in designated foreign duty areas for extended periods when entitlement to sea-duty pay has been terminated. Such enlisted members shall be entitled to special pay under the same conditions as an enlisted member on temporary additional duty or temporary duty in that designated foreign duty area.". SEC. 2. In section 205, delete "Unless otherwise entitled to special pay in accordance with the last sentence of section 204" and substitute therefor "Unless otherwise entitled to special pay in accordance with the second sentence of section 204". GERALD R. FORD The White House, January 13, 1976.
Executive Order 11897 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11897—Amending Executive Order No. 11157 as It Relates to Special Pay While on Sea Duty or Duty at Certain Places
Executive Brief • At a Glance
⏱️ 1 min read (180 words) •
● In Effect
🎯 Primary Mandate
At the end of section 204, add the following: "Enlisted members shall be entitled to special pay under this section when attached to ships undergoing repair and overhaul in designated foreign duty areas for extended periods when entitlement to sea-duty pay has been terminated.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Foreign Nations & International Entities
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 13, 1976, this order concerns Amending Executive Order No. 11157 as It Relates to Special Pay While on Sea Duty or Duty at Certain Places. By virtue of the authority vested in me by section 305(a) of title 37 of the United States Code, and as President of the United States and Commander in Chief of the Armed Forces of the United States, part H of Executive Order No. 11157 of June 22, 1964, as amended, is hereby amended as follows: SECTION 1.
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
At the end of section 204, add the following: "Enlisted members shall be entitled to special pay under this section when attached to ships undergoing repair and overhaul in designated foreign duty areas for extended periods when entitlement to sea-duty pay has been terminated.
▪
Such enlisted members shall be entitled to special pay under the same conditions as an enlisted member on temporary additional duty or temporary duty in that designated foreign duty area.".
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Foreign Nations & International Entities
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 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
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: Strong Prerogative Support
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.
⚖️ Discretionary Twilight Zone
45 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
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
High Friction
Federalism & State Sovereignty
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
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
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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%).
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
180
1,072 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.2
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11157 Revoked Jun 22, 1964
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.23)
Executive Order 11157—Prescribing Regulations Relating to Incentive Pay for Hazardous Duty, Special Pay for Sea Duty and Duty at Certain Places, Basic Allowances for Subsistence and Basic Allowances for Quarters
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Pay For Hazardous Duty Section 101. For the purposes of these regulations: (a) The term "aerial flight" shall be construed to mean flight in an aircraft or glider; and a flight shall be deemed to begin when the aircraft or glider takes off from rest at any point of support and…
Lyndon B. Johnson Post-Graduate Legal • 25m
EO 11896 Jan 13, 1976
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.55)
Executive Order 11896—Establishing the United States Sinai Support Mission
📜 Art. II §2: Commander-in-Chief Supervisory Authority
In accordance with the Foreign Assistance Act of 1961, as amended, and notwithstanding the provisions of Part I of Executive Order No. 10973, as amended, there is hereby established the United States Sinai Support Mission, hereinafter referred to as the Mission.
Gerald R. Ford High School • 7m
EO 11898 Jan 14, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11898—Amending Executive Order No. 11861, as Amended, Placing Certain Positions in Levels IV and V of the Executive Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
Of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by adding thereto "(15) Deputy Under Secretary for Congressional and Public Affairs, Department of Agriculture.".
Gerald R. Ford College Level • 1m
EO 11895 Jan 6, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11895—Delegating Authority of the President to Designate Individuals Appointed by the President to Receive Training
📜 Art. II §3: Administrative Management & Civil Service
Except as provided in Section 2 of this Order, the United States Civil Service Commission is hereby designated and empowered to exercise the authority vested in the President by Section 4102(a) (2) (B) of Title 5, United States Code, to designate individuals appointed by the…
Gerald R. Ford College Level • 1m
EO 11900 Jan 22, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11900—Inspection of Income, Estate and Gift Tax Returns by the Committee on Government Operations, House of Representatives
📜 Art. I §8: Delegated Tariff & Commerce Execution
Any income, estate, or gift tax return for the years 1955 to 1975, inclusive, shall, subject to the conditions imposed herein, during the Ninety-fourth Congress, be open to inspection by the House of Representatives Committee on Government Operations, or any duly authorized…
Gerald R. Ford Post-Graduate Legal • 2m
EO 11899 Jan 22, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11899—Providing for the Protection of Certain Civil Service Employment Rights of Federal Personnel Who Leave Federal Employment to be Employed by Tribal Organizations Pursuant to the Indian Self-Determination and Education Assistance Act
📜 Art. II §3: Administrative Management & Civil Service
The United States Civil Service Commission is hereby designated and empowered to exercise, without approval, ratification, or other action by the President, but after consultation with the Department of the Interior and the Department of Health, Education, and Welfare, the…
Gerald R. Ford Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,897 (Jan. 13, 1976), https://executiveordersarchive.org/orders/app-executive-order-11897-amending-executive-order-no-11157-it-relates-special-pay-while-sea.
