By virtue of the authority vested in me by the Trade Act of 1974, hereinafter referred to as the Act (19 U.S.C. 2101 et seq.), Sections 332(g) and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1332(8), 19 U.S.C. 1337, respectively), and Section 301 of Title 3 of the United States Code, and as President of the United States of America, Executive Order No. 11846 of March 27, 1975, as amended, hereinafter referred to as the Order, is hereby amended as follows: SECTION 1. Section's 3 (e) and (f) of the Order are redesignated as Sections 3 (f) and (g), respectively, and a new Section 3(e) is added as follows: "(e) A copy of each determination, and the action taken with respect thereto, together with the record which the United States International Trade Commission, hereinafter referred to as the International Trade Commission, is required to transmit to the President, under the terms of Section 337(8) (1) of the Tariff Act of 1930, as amended, shall be transmitted to the President through the Special Representative.". SEC. 2. Section 4(c) of the Order is amended, in order to delegate authority under Section 131(a) of the Act, to read as follows: "(c) The functions of the President under Section 131(a) of the Act, with respect to publishing and furnishing to the International Trade Commission lists of articles, are delegated to the Special Representative. The functions of the President under Section 131(c) of the Act with respect to advice of the International Trade Commission and under Section 132 of the Act with respect to advice of the departments of the Federal Government and other sources, are delegated to the Special Representative. The functions of the President under Section 133 of the Act with respect to public hearings in connection with certain trade negotiations are delegated to the Special Representative, who shall designate an interagency committee to hold and conduct any such hearings.". SEC 3. Section 4 of the Order is further amended by adding the following new subsection (g) "(g.) All reports, findings, advice, determinations, hearing transcripts, briefs, and information which, under the terms of the Act, the International Trade Commission is required to furnish to the President shall be transmitted to the President through the Special Representative.". SEC. 4. Section 8 of the Order is amended by adding the following new subsections (c) and (d) "(c) The Committee, through the Special Representative, shall perform the functions of the President specified in Section 503 (a) of the Act, with respect to publishing and furnishing to the International Trade Commission lists of articles that may be considered for designation as eligible articles for purposes of the Generalized System of Preferences. "(d) The Committee, through the Special Representative, to the extent necessary to determine the applicability of the provisions of Section 504(d) of the Act to any eligible article, shall perform the functions of the President under Section 332(g) of the Tariff Act of 1930, as amended, with respect to requests for investigations by, and reports from, the International Trade Commission.". GERALD R. FORD The White House, November 8, 1976.
Executive Order 11947 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 11947—Reports and Investigations Relating to the Administration of the Trade Agreements Program
Executive Brief • At a Glance
⏱️ 3 min read (517 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 11846 of March 27, 1975, as amended, hereinafter referred to as the Order, is hereby amended as follows: SECTION 1.
⚖️ 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 Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 November 8, 1976, this order concerns Reports and Investigations Relating to the Administration of the Trade Agreements Program. Executive Order No. 11846 of March 27, 1975, as amended, hereinafter referred to as the Order, is hereby amended as follows: SECTION 1. Section's 3 (e) and (f) of the Order are redesignated as Sections 3 (f) and (g), respectively, and a new Section 3(e) is added as follows: "(e) A copy of each determination, and the action taken with respect thereto, together with the record which the United States International…
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
▪
Executive Order No. 11846 of March 27, 1975, as amended, hereinafter referred to as the Order, is hereby amended as follows: SECTION 1.
▪
Section's 3 (e) and (f) of the Order are redesignated as Sections 3 (f) and (g), respectively, and a new Section 3(e) is added as follows: "(e) A copy of each determination, and the action taken with respect thereto, together with the record which the United States International Trade Commission, hereinafter referred to as the International Trade Commission, is required to transmit to the President, under the terms of Section 337(8) (1) of the Tariff Act of 1930, as amended, shall be transmitted to the President through the Special Representative.".
▪
Section 4(c) of the Order is amended, in order to delegate authority under Section 131(a) of the Act, to read as follows: "(c) The functions of the President under Section 131(a) of the Act, with respect to publishing and furnishing to the International Trade Commission lists of articles, are delegated to the Special Representative.
▪
The functions of the President under Section 131(c) of the Act with respect to advice of the International Trade Commission and under Section 132 of the Act with respect to advice of the departments of the Federal Government and other sources, are delegated to the Special Representative.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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.
⚖️ 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
517
3,203 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
17.8
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11846 Amended Mar 27, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11846—Administration of the Trade Agreements Program
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Trade Agreements Program. The "trade agreements program" includes all activities consisting of, or related to, the negotiation or administration of international agreements which primarily concern trade and which are concluded pursuant to the authority vested in the…
Gerald R. Ford Post-Graduate Legal • 11m
EO 11946 Oct 25, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11946—White House Fellowships
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 11183 of October 3, 1964, as amended, is hereby further amended as follows: SECTION 1. Paragraph (5) of subsection 2(b) is amended to read: "(5) Are not, on the date on which they apply or at any time between the date of application and the beginning of…
Gerald R. Ford Post-Graduate Legal • 1m
EO 11945 Oct 25, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11945—Physical Fitness and Sports
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order No. 11562, as amended, is further amended as follows: SECTION 1. Section 1 is amended to read: "Section 1. Program for physical fitness and sports .
Gerald R. Ford Post-Graduate Legal • 2m
EO 11944 Oct 25, 1976
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11944—Authorizing Delegation of Authority to the Secretary of the Treasury With Respect to the Northern Mariana Islands
📜 Art. I §8: Delegated Tariff & Commerce Execution
Section 2 of Executive Order No. 11021 of May 7, 1962, is amended by deleting the period at the end of Section 2 and by adding the following: ", except that the Secretary may, with the approval of the Secretary of the Treasury, delegate to the Secretary of the Treasury so much…
Gerald R. Ford College Level • 1m
EO 11943 Oct 25, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11943—Amendment of Adjustments of Certain Rates of Pay and Allowances
📜 Art. II §1: Executive Discretion & Internal Operations
The adjusted maximum scale of pay in the Section 4103 Schedule for Director of Nursing Service, as set forth in Schedule 3 of Executive Order No. 11941 of October 1, 1976, is amended by changing "2,611*" to read "52,611*".
Gerald R. Ford High School • 1m
EO 11942 Oct 22, 1976
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11942—Exemption of Ashton C. Barrett From Mandatory Retirement
📜 Art. II §1: Executive Discretion & Internal Operations
Ashton C. Barrett, a member of the Federal Maritime Commission, will become subject to mandatory retirement because of age and service as of October 31, 1976, under the provisions of Section 8335 of Title 5 of the United States Code, unless exempted by Executive order.
Gerald R. Ford High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 11,947 (Nov. 8, 1976), https://executiveordersarchive.org/orders/app-executive-order-11947-reports-and-investigations-relating-the-administration-the-trade.
