By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act (5 U.S:C. App. I), it is hereby ordered as follows: SECTION 1. (a) 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. (c) The Secretary of State shall designate an Executive Secretary. SEC. 2. ('a) The Board shall, whenever requested, make confidential recommendations to the Secretary of State and the President as to the qualifications of individuals for an ambassadorial post for which noncareer individuals are being considered, and such other advice as the President shall request. (b) In considering the qualifications of a prospective nominee, the Board shall consider such background information on the requirements of particular ambassadorial posts, evaluation criteria, and information regarding the prospective nominee which may be furnished by the Department of State; and the Board shall consider such other information as it deems appropriate in order to render an informed judgment concerning a prospective nominee's qualifications and suitability. SEC. 3. Upon request by the President or the Secretary of State, the Board shall consider which ambassadorial posts should be filled by career people and which should be filled by noncareer people, and shall make its recommendations in confidence regarding same to them. SEC. 4. Board members may not be appointed to an .ambassadorial post during their service on the Board nor for at least one year thereafter. The President may waive this provision in specific cases and will in such cases state his reasons for doing so. SEC. 5. Members of the Board who are not officers or employees of the Federal Government shall receive no compensation from the Government of the United States for their service as members of the Board, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703) for persons employed intermittently in the government service. SEC. 6. The Secretary of State shall, to the extent permitted by law, provide administrative and staff services, support, .and facilities for the Board. SEC. 7. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Board, shall be performed by the Secretary of State in accordance with guidelines and procedures established by the Office of Management and Budget. SEC. 8. The Board shall terminate on December 31, 1978, unless extended prior to that date. JIMMY CARTER The White House, February 5, 1977.
Executive Order 11970 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.44)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 11970—Presidential Advisory Board on Ambassadorial Appointments
Executive Brief • At a Glance
⏱️ 2 min read (483 words) •
● In Effect
🎯 Primary Mandate
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.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants
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 February 5, 1977, this order concerns Presidential Advisory Board on Ambassadorial Appointments. 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. (c) The Secretary of State shall designate an Executive Secretary. SEC. 2.
Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.
Key Directives & Operative Actions
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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.
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The President shall designate a Chairman from among the members of the Board.
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The Secretary of State shall designate an Executive Secretary.
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In considering the qualifications of a prospective nominee, the Board shall consider such background information on the requirements of particular ambassadorial posts, evaluation criteria, and information regarding the prospective nominee which may be furnished by the Department of State; and the Board shall consider such other information as it deems appropriate in order to render an informed judgment concerning a prospective nominee's qualifications and suitability.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Anti-Federalist Stance: High Bill of Rights Scrutiny
📐
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
32 / 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
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
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
483
3,043 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
15
College Level
Text size:
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Referenced By Later Executive Orders (3)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Ronald Reagan • 1981-03-17
Jimmy Carter • 1980-12-31
Jimmy Carter • 1978-12-28
Related Executive Orders
Other executive actions signed by Jimmy Carter around this period.
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 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 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
EO 11973 Feb 17, 1977
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 11973—President's Commission on Mental Health
📜 5th Amend: Regulatory Execution with Due Process
There is hereby established the President's Commission on Mental Health, hereinafter referred to as the Commission, which shall be composed of not more than twenty persons who shall be appointed by the President.
Jimmy Carter College Level • 4m
EO 11967 Jan 21, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11967—Executive Order Relating to Proclamation of Pardon
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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…
Jimmy Carter Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 11,970 (Feb. 5, 1977), https://executiveordersarchive.org/orders/app-executive-order-11970-presidential-advisory-board-ambassadorial-appointments.
