ADJUSTMENT OF COST OF LIVING ALLOWANCES By the authority vested in me as President of the United States of America by Section 5941 of Title 5 of the United States Code, and in order to authorize the temporary restoration of the cost of living allowance to certain employees, it is hereby ordered as follows: 1-1. Suspension of Applicable Requirements. 1-101. The requirement of Section 205 (b) (2) of Executive Order No. 10000, as amended, that consideration be given to quarters or subsistence, commissary or other purchasing privileges, in determining cost of living allowance rates, is suspended except to the extent that such privileges are furnished as a result of Federal civilian employment. 1-102. Quarters or subsistence, commissary or other purchasing privileges, shall not be taken into consideration in determining cost of living allowance rates of employees who are furnished such facilities as a result of Federal civilian employment but who do not use them. 1-2. Administrative Matters. 1-201. This Order shall take effect .July 30, 1978 and shall operate prospectively. 1-202. The United States Civil Service Commission shall conduct a study of problems associated with the implementation of Section 5941 of Title 5 of the United States Code. The Commission's findings and recommendations for longterm solutions to problems encountered with respect to the cost of living allowance and differential compensation authorized by that statute shall be submitted to the President. JIMMY CARTER The White House, June 30, 1978. [Filed with the Office of the Federal Register, 11:05 a.m., July 3, 1978]
Executive Order 12070 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 12070—Federal Cost-of-Living Allowances
Executive Brief • At a Glance
⏱️ 1 min read (251 words) •
● In Effect
🎯 Primary Mandate
The requirement of Section 205 (b) (2) of Executive Order No. 10000, as amended, that consideration be given to quarters or subsistence, commissary or other purchasing privileges, in determining cost of living allowance rates, is suspended except to the extent that such privileges are furnished as a result of Federal civilian employment. 1-102.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ 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 June 30, 1978, this order concerns Federal Cost-of-Living Allowances. 1-1. Suspension of Applicable Requirements. 1-101. The requirement of Section 205 (b) (2) of Executive Order No. 10000, as amended, that consideration be given to quarters or subsistence, commissary or other purchasing privileges, in determining cost of living allowance rates, is suspended except to the extent that such privileges are furnished as a result of Federal civilian employment. 1-102.
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
▪
The requirement of Section 205 (b) (2) of Executive Order No. 10000, as amended, that consideration be given to quarters or subsistence, commissary or other purchasing privileges, in determining cost of living allowance rates, is suspended except to the extent that such privileges are furnished as a result of Federal civilian employment. 1-102.
▪
Quarters or subsistence, commissary or other purchasing privileges, shall not be taken into consideration in determining cost of living allowance rates of employees who are furnished such facilities as a result of Federal civilian employment but who do not use them. 1-2.
▪
The United States Civil Service Commission shall conduct a study of problems associated with the implementation of Section 5941 of Title 5 of the United States Code.
▪
The Commission's findings and recommendations for longterm solutions to problems encountered with respect to the cost of living allowance and differential compensation authorized by that statute shall be submitted to the President.
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 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
46 / 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
High Friction
Due Process & Individual Rights
Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.
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
251
1,609 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.7
College Level
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Ronald Reagan • 1985-04-17
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 10000 Amended Sep 16, 1948
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.38)
Executive Order 10000—Regulations Governing Additional Compensation and Credit Granted Certain Employees of the Federal Government Serving Outside the United States
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following regulations (1) governing the payment of additional compensation to personnel of the United States employed outside the continental United States or in Alaska, under the provisions of the said section 207, as amended, (2) governing the payment…
Harry S Truman Post-Graduate Legal • 16m
EO 12069 Jun 30, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12069—Executive Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, Section 1 of the Executive Order No. 118.61, as amended, placing certain positions in level IV of the Executive Schedule, is further amended by…
Jimmy Carter College Level • 1m
EO 12068 Jun 30, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12068—Litigation Against Public Sector Employers
📜 Art. II §1: Executive Discretion & Internal Operations
1-1. Section 707 Functions of the Attorney General. 1-101. Section 5 of Reorganization Plan Number 1 of 1978 (43 FR 19807) shall become effective on July 1, 1978. 1-102.
Jimmy Carter College Level • 1m
EO 12067 Jun 30, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12067—Equal Employment Opportunity Programs
📜 1st Amend: Civil Liberties & Expressive Protections
1-1. Implementation of Reorganization Plan. 1-101. The transfer to the Equal Employment Opportunity Commission of all the functions of the Equal Employment Opportunity Coordinating Council, and the termination of that Council, as provided by Section 6 of Reorganization Plan…
Jimmy Carter Post-Graduate Legal • 7m
EO 12066 Jun 29, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12066—Inspection of Foreign Assistance Programs
📜 5th Amend: Regulatory Execution with Due Process
1-1. Assignment of Duties and Responsibilities. 1-101. I hereby direct the Secretary of State to assign to the Inspector General, Foreign Service, all duties and responsibilities vested in the Inspector General, Foreign Assistance by Section 624 (d) of the Act (22 U.S.C.…
Jimmy Carter Post-Graduate Legal • 2m
EO 12065 Jun 28, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12065—National Security Information
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Classification Designation. 1-101. Except as provided in the Atomic Energy Act of 1954, as amended, this Order provides the only basis for classifying information. Information may be classified in one of the three designations listed below.
Jimmy Carter Post-Graduate Legal • 31m
📜
Scholarly & Legal Citations
Exec. Order No. 12,070 (June 30, 1978), https://executiveordersarchive.org/orders/app-executive-order-12070-federal-cost-living-allowances.
