RELATING TO CERTAIN POSITIONS IN LEVELS IV AND V OF THE EXECUTIVE SCHEDULE By virtue of the authority vested in me by Section 5,317 of Title 5 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: SECTION 1. Section 1 of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by inserting in numerical sequence "(6) Assistant Attorney General, United States Attorneys and Trial Advocacy, Department of Justice." and by deleting "Counselor to the Secretary for Congressional Affairs" in subsection (10) and inserting in lieu thereof, "Deputy Under Secretary for Regional Affairs". SEC. 2. Section 2 of Executive Order No. 11861, as amended, placing certain positions in level V of the Executive Schedule, is further amended by deleting "(13) Executive Director, Federal Personnel Management Systems Study, United States Civil Service Commission". SEC. 3. Executive Order No. 11189 of November 23, 1964, Executive Order No. 11195 of January 30, 1965, and Executive Order No. 11995 of June 8, 1977 are revoked. JIMMY CARTER The White House, May 15, 1978. [Filed with the Office of the Federal Register, 10:14 a.m., May 16, 1978]
Executive Order 12060 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §3: Administrative Management & Civil Service
Executive Order 12060—Executive Schedule
Executive Brief • At a Glance
⏱️ 1 min read (202 words) •
● In Effect
🎯 Primary Mandate
Of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by inserting in numerical sequence "(6) Assistant Attorney General, United States Attorneys and Trial Advocacy, Department of Justice." and by deleting "Counselor to the Secretary for Congressional Affairs" in subsection (10) and inserting in lieu thereof, "Deputy Under Secretary for Regional Affairs".
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
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 May 15, 1978, this order concerns Executive Schedule. Of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by inserting in numerical sequence "(6) Assistant Attorney General, United States Attorneys and Trial Advocacy, Department of Justice." and by deleting "Counselor to the Secretary for Congressional Affairs" in subsection (10) and inserting in lieu thereof, "Deputy Under Secretary for…
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
▪
Of Executive Order No. 11861, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by inserting in numerical sequence "(6) Assistant Attorney General, United States Attorneys and Trial Advocacy, Department of Justice." and by deleting "Counselor to the Secretary for Congressional Affairs" in subsection (10) and inserting in lieu thereof, "Deputy Under Secretary for Regional Affairs".
▪
Executive Order No. 11189 of November 23, 1964, Executive Order No. 11195 of January 30, 1965, and Executive Order No. 11995 of June 8, 1977 are revoked.
Constitutional & Societal Entities Impacted
🏛️ 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 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
"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: Defends Vigor & Dispatch
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
35 / 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
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
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
202
1,249 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
11.7
High School
Text size:
Related Executive Orders
4 orders cited directly in this text, plus related actions from this administration.
EO 11861 May 21, 1975
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11861—Placing Certain Positions in Levels IV and V of the Executive Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following offices and positions are placed in level IV of the Executive Schedule: (1) Administrator, Social and Rehabilitation Service, Department of Health, Education, and Welfare. (2) Director, National Institutes of Health, Department of Health, Education, and Welfare.
Gerald R. Ford College Level • 2m
EO 11189 Nov 23, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11189—Placing Certain Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following offices and positions are placed in level IV of the Federal Executive Salary Schedule: (1) Director, Community Relations Service. (2) Chairman, Equal Employment Opportunity Commission. (3) Director, Bureau of Intelligence and Research, Department of State.
Lyndon B. Johnson High School • 1m
EO 11195 Jan 30, 1965
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 11195—Placing Additional Positions in Levels IV and V of the Federal Executive Salary Schedule
📜 10th Amend: Intergovernmental Federalism Cooperation
Section 1 of Executive Order 11189 of November 23, 1964, is amended by adding thereto the following: (6) Chief of Protocol, Department of State. Sec. 2.
Lyndon B. Johnson High School • 1m
EO 11995 Jun 8, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11995—Executive Schedule
📜 Art. II §3: Administrative Management & Civil Service
By virtue of the authority vested in me by Section 5317 of Title 5 of the United States Code, and as President of the United States of America, Section 2 of Executive Order No. 11861, as amended, placing certain positions in level V of the Executive Schedule, is further amended…
Jimmy Carter High School • 1m
EO 12061 May 18, 1978
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 12061—Small Business Conference Commission
📜 5th Amend: Regulatory Execution with Due Process
1-1. Establishment of Commission. 1-101. There is established a Small Business Conference Commission. The Commission shall be composed of five members. 1-102. The members of the Commission shall be appointed by the President.
Jimmy Carter College Level • 3m
EO 12059 May 11, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12059—United States Circuit Judge Nominating Commission
📜 5th Amend: Regulatory Execution with Due Process
Establishment of the Commission. Them is hereby established the United States Circuit Judge Nominating Commission (hereinafter referred to as the "Commission").
Jimmy Carter Post-Graduate Legal • 6m
📜
Scholarly & Legal Citations
Exec. Order No. 12,060 (May 15, 1978), https://executiveordersarchive.org/orders/app-executive-order-12060-executive-schedule.
