Executive Order 12040 Constitutional Neutral (+0.02)

Executive Order 12040—Environmental Evaluation Functions

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Friday, February 24, 1978

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1 min read (218 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1978-02-24, establishes federal administrative policy concerning "Environmental Evaluation Functions." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

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

▪ 5910), from the Council on Environmental Quality and the Office of Environmental Quality to the Administrator of the Environmental Protection Agency shall be effective February 26, 1978.

▪ The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, property, records, and other items related to the functions transferred.

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Total Words

218

1,364 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

12.9

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 12040, Jimmy Carter (Feb 24, 1978). Available at https://executiveordersarchive.org/orders/app-executive-order-12040-environmental-evaluation-functions.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

RELATING TO THE TRANSFER OF CERTAIN ENVIRONMENTAL EVALUATION FUNCTIONS By virtue of the authority vested in me by the Constitution and laws .of the United States of America, including Section 7 of Reorganization Plan No. 1 of 1977 (42 FR 56101 (October 21, 1977) ), and as President of the United States of America, in order to effectuate the transfer .of certain environmental quality functions, it is hereby ordered as follows: SECTION 1. The transfer, provided by Section 5E of Reorganization Plan No. 1 of 1977 (42 FR 56101), of those functions relating to the evaluation provided for by Section 11 of the Federal Nonnuclear Energy Research and Development Act of 1974 (88 Stat. 1878, 42 U.S.C. 5910), from the Council on Environmental Quality and the Office of Environmental Quality to the Administrator of the Environmental Protection Agency shall be effective February 26, 1978. SEC. 2. The Director of the Office of Management and Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to effectuate the transfer of functions provided in this Order, including the transfer of funds, personnel and positions, property, records, and other items related to the functions transferred. JIMMY CARTER The White House, February 24, 1978. [Filed with the Office of the Federal Register, 5:13 p.m., February 24, 1978]