By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Title V and Section 604 of the Trade Act of 1974 (88 Stat. 2066, 19 U.S.C. 2461 et seq.; 88 Stat. 2073, 19 U.S.C. 2483), and as President of the United States of America, in order to modify, as provided by Section 504(c) of the Trade Act of 1974 (88 Stat. 2070, 19 U.S.C. 2464 (c)), the limitations on preferential treatment for eligible articles from countries designated as beneficiary developing countries and adjust the original designation of eligible articles, it is hereby ordered as follows: SECTION 1. General Headnote 3(c)(iii) of the Tariff Schedules of the United States (as added by Section 9 of Executive Order No. 11888 of November 24, 1975) is amended by substituting therefor the General Headnote 3(c)(iii) set forth in Annex I, attached hereto and made a part hereof. SEC. 2. Annex II of Executive Order No. 11888 of November 24, 1975, made a part thereof by Section 5 of that Order, is amended as provided in Annex II, attached hereto and made a part hereof. SEC. 3. Annex III of Executive Order No. 11888 of November 24, 1975, made a part thereof by Section 5 of that order, is amended by substituting therefor the new Annex III, attached hereto and made a part hereof. SEC. 4. Notwithstanding the provisions of Sections 10 and 12 of Executive Order No. 11888, the provisions of this order shall be effective with respect to articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after February 29, 1976. GERALD R. FORD The White House, February 26, 1976.
Executive Order 11906 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11906—Amending the Generalized System of Preferences
Executive Brief • At a Glance
⏱️ 1 min read (282 words) •
● In Effect
🎯 Primary Mandate
General Headnote 3(c)(iii) of the Tariff Schedules of the United States (as added by Section 9 of Executive Order No. 11888 of November 24, 1975) is amended by substituting therefor the General Headnote 3(c)(iii) set forth in Annex I, attached hereto and made a part hereof.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises
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 February 26, 1976, this order concerns Amending the Generalized System of Preferences. General Headnote 3(c)(iii) of the Tariff Schedules of the United States (as added by Section 9 of Executive Order No. 11888 of November 24, 1975) is amended by substituting therefor the General Headnote 3(c)(iii) set forth in Annex I, attached hereto and made a part hereof. SEC. 2.
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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General Headnote 3(c)(iii) of the Tariff Schedules of the United States (as added by Section 9 of Executive Order No. 11888 of November 24, 1975) is amended by substituting therefor the General Headnote 3(c)(iii) set forth in Annex I, attached hereto and made a part hereof.
▪
Annex II of Executive Order No. 11888 of November 24, 1975, made a part thereof by Section 5 of that Order, is amended as provided in Annex II, attached hereto and made a part hereof.
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Annex III of Executive Order No. 11888 of November 24, 1975, made a part thereof by Section 5 of that order, is amended by substituting therefor the new Annex III, attached hereto and made a part hereof.
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Notwithstanding the provisions of Sections 10 and 12 of Executive Order No. 11888, the provisions of this order shall be effective with respect to articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after February 29, 1976.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
Policy Areas & Topics
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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.
⚖️ Discretionary Twilight Zone
31 / 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
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 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
282
1,630 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
10.3
High School
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 • 1976-08-30
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11888 Nov 24, 1975
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11888—Implementing the Generalized System of Preferences
📜 Art. I §8: Delegated Tariff & Commerce Execution
The Trade Act of 1974 authorizes the establishment of a Generalized System of Preferences for eligible articles imported from beneficiary developing countries.
Gerald R. Ford Post-Graduate Legal • 6m
EO 11907 Mar 1, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11907—Relating to the Administration of the Export Administration Act of 1969
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 11533 of June 4, 1970, is hereby amended as follows: SECTION 1. Section 1 is amended to read: "The power, authority, and discretion conferred upon the President by the provisions of the Export Administration Act of 1969, as amended, hereinafter referred to…
Gerald R. Ford High School • 1m
EO 11905 Feb 18, 1976
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.41)
Executive Order 11905—United States Foreign Intelligence Activities
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Purpose. The purpose of this Order is to establish policies to improve the quality of intelligence needed for national security, to clarify the authority and responsibilities of the intelligence departments and agencies, and to establish effective oversight to assure compliance…
Gerald R. Ford Post-Graduate Legal • 31m
EO 11904 Feb 6, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11904—Establishing the Defense Superior Service Medal
📜 Art. II §2: Commander-in-Chief Supervisory Authority
There is hereby established a Defense Superior Service Medal with accompanying ribbons and appurtenances for award by the Secretary of Defense to any member of the Armed Forces of the United States who has rendered superior meritorious service in a position of significant…
Gerald R. Ford Post-Graduate Legal • 1m
EO 11908 Mar 18, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11908—Amending Executive Order No. 11861 as Amended, Placing Certain Positions in Levels IV and V of the Executive Schedule
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order No. 11861, as amended, placing certain positions in levels IV and V of the Executive Schedule, is further amended by adding to Section 1, "(16) Chief Economist, Department of Commerce.", and by adding to Section 2, "(7) Director, Office of Revenue Sharing…
Gerald R. Ford High School • 1m
EO 11903 Feb 2, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11903—Membership of the Economic Policy Board
📜 Art. II §1: Executive Discretion & Internal Operations
It is hereby, ordered as follows: SECTION 1. Section 2 of Executive Order No. 11808, as amended, is further amended by adding thereto "The President may, from time to time, designate additional members to serve on the Board.". SEC. 2.
Gerald R. Ford High School • 1m
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Scholarly & Legal Citations
Exec. Order No. 11,906 (Feb. 26, 1976), https://executiveordersarchive.org/orders/app-executive-order-11906-amending-the-generalized-system-preferences.
