RELATING TO VIOLATIONS OF THE SELECTIVE SERVICE ACT, AUGUST 4, 1964 TO MARCH 28, 1973 The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977: 1. The Attorney General shall cause to be dismissed with prejudice to the government all pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973 with the exception of the following: (a) Those cases alleging acts of force or violence deemed to be so serious by the Attorney General as to warrant continued prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 2. The Attorney General shall terminate all investigations now pending and shall not initiate further investigations alleging violations of the Military Selective Service Act between August 4, 1964 and March 28, 1973, with the exception of the following: (a) Those cases involving allegations of force or violence deemed to be so serious by the Attorney General as to warrant continued investigation, or possible prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 3. Any person who is or may be precluded from reentering the United States under 8 U.S.C. 1182(a)(22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act shall be permitted as any other alien to reenter the United States. The Attorney General is directed to exercise his discretion under 8 U.S.C. 1182 (d) (5) or other applicable law to permit the reentry of such persons under the same terms and conditions as any other alien. This shall not include anyone who falls into the exceptions of paragraphs l(a) and (b) and 2(a) and (b) above. 4. Any individual offered conditional clemency or granted a pardon or other clemency under Executive Order 11803 or Presidential Proclamation 4313, dated September 16, 1974, shall receive the full measure of relief afforded by this program if they are otherwise qualified under the terms of this Executive Order. JIMMY CARTER The White House, January 21, 1977. [Filed with the Office of the Federal Register, 1:05 p.m., January 21, 1977]
Executive Order 11967 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11967—Executive Order Relating to Proclamation of Pardon
Executive Brief • At a Glance
⏱️ 2 min read (395 words) •
● In Effect
🎯 Primary Mandate
The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977: 1.
⚖️ 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 Executive Departments & Federal Civil Servants Public Health & Medical Institutions
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Jimmy Carter on January 21, 1977, this order concerns Executive Order Relating to Proclamation of Pardon. The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977: 1. The Attorney General shall cause to be dismissed with prejudice to the government all pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973 with the exception of the following: (a) Those cases alleging acts of force or…
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
▪
The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977: 1.
▪
The Attorney General shall cause to be dismissed with prejudice to the government all pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973 with the exception of the following: (a) Those cases alleging acts of force or violence deemed to be so serious by the Attorney General as to warrant continued prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 2.
▪
The Attorney General shall terminate all investigations now pending and shall not initiate further investigations alleging violations of the Military Selective Service Act between August 4, 1964 and March 28, 1973, with the exception of the following: (a) Those cases involving allegations of force or violence deemed to be so serious by the Attorney General as to warrant continued investigation, or possible prosecution; and (b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment. 3.
▪
Any person who is or may be precluded from reentering the United States under 8 U.S.C. 1182(a)(22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act shall be permitted as any other alien to reenter the United States.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
🏛️ Public Health & Medical Institutions
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
47 / 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
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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
395
2,440 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.6
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11803 Sep 16, 1974
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11803—Establishing a Clemency Board to Review Certain Convictions of Persons Under Section 12 or 6 (j) of the Military Selective Service Act and Certain Discharges Issued Because of, and Certain Convictions for, Violations of Article 85, 86, or 87 of the Uniform Code of Military Justice and to Make Recommendations for Executive Clemency with Respect Thereto
📜 Art. II §2: Commander-in-Chief Supervisory Authority
There is hereby established in the Executive Office of the President a board of 9 members, which shall be known as the Presidential Clemency Board. The members of the Board shall be appointed by the President, who shall also designate its Chairman. SEC. 2.
Gerald R. Ford Post-Graduate Legal • 3m
EO 11968 Jan 31, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11968—Withholding of Income or Employment Taxes by Federal Agencies
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Whenever the Secretary of the Treasury enters into an agreement pursuant to Sections 5516, 5517, or 5520 of Title 5 of the United States Code, with the District of Columbia, a State, or a city, as the case may be, with regard to the withholding, by an agency of the United…
Jimmy Carter Post-Graduate Legal • 3m
EO 11969 Feb 2, 1977
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 11969—Administration of the Emergency Natural Gas Act of 1977
📜 Art. II §3: Faithful Execution of Statutory Law
There is hereby delegated to the Chairman of the Federal Power Commission, hereafter the Chairman, all of the authority vested in the President by the Emergency Natural Gas Act of 1977, except for the authority to declare and terminate a natural gas emergency pursuant to…
Jimmy Carter Post-Graduate Legal • 2m
EO 11970 Feb 5, 1977
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 11970—Presidential Advisory Board on Ambassadorial Appointments
📜 5th Amend: Regulatory Execution with Due Process
There is hereby established the Presidential Advisory Board on Ambassadorial Appointments, hereinafter referred to as the Board, which shall be composed of members appointed by the President. (b) The President shall designate a Chairman from among the members of the Board.
Jimmy Carter College Level • 2m
EO 11971 Feb 11, 1977
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 11971—Director of the Federal Bureau of Investigation
📜 5th Amend: Regulatory Execution with Due Process
SECTION l. Establishment of the Committee. There is hereby established the Committee on Selection of the Director of the Federal Bureau of Investigation, hereinafter referred to as the Committee.
Jimmy Carter College Level • 3m
EO 11972 Feb 14, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11972—United States Circuit Judge Nominating Commission
📜 5th Amend: Regulatory Execution with Due Process
Establishment of the Commission. There is hereby established the United States Circuit Judge Nominating Commission (hereinafter referred to as the "Commission").
Jimmy Carter College Level • 5m
📜
Scholarly & Legal Citations
Exec. Order No. 11,967 (Jan. 21, 1977), https://executiveordersarchive.org/orders/app-executive-order-11967-executive-order-relating-proclamation-pardon.
