★
Executive Orders Historical Archive
Cite
Executive Order 12075 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 12075—Interagency Coordinating Council

•
Wednesday, August 16, 1978
•
2 min read (392 words)

Executive Brief • At a Glance

⏱️ 2 min read (392 words) • ● In Effect
🎯 Primary Mandate

There is established the Interagency Coordinating Council. 1-102.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities 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 August 16, 1978, this order concerns Interagency Coordinating Council. 1-1. Establishment of the Council. 1-101. There is established the Interagency Coordinating Council. 1-102. The Council shall be composed of the heads of the following agencies, or a designated representative, and such others as the President may designate: (a) Department of the Treasury (b) Department of Justice (c) Department of the Interior (d) Department of Agriculture (e) Department of Commerce (f) Department…

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

▪

There is established the Interagency Coordinating Council. 1-102.

▪

The Council shall be composed of the heads of the following agencies, or a designated representative, and such others as the President may designate: (a) Department of the Treasury (b) Department of Justice (c) Department of the Interior (d) Department of Agriculture (e) Department of Commerce (f) Department of Labor (g) Department of Health, Education, and Welfare (h) Department of Housing and Urban Development (i) Department of Transportation (j) Department of Energy (k) Environmental Protection Agency (1) Community Services Administration (m) General Services Administration (n) Small Business Administration (o) ACTION 1-103.

▪

The President shall designate the Chairperson of the Council. 1-2.

▪

The Council shall work with Executive agencies to involve all sectors of the Nation, including State, county and local governments, regional bodies, the private sector, neighborhood groups, and volunteer and civic associations, in a partnership to conserve and strengthen America's communities. 1-202.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities
🏛️

The Framers' Constitutional Council

1787 Prism

Evaluating 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

"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: Supportive of Execution
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
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

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
392
2,723 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
15.5
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President by the Constitution of the United States of America, and in order to provide for interagency coordination of the implementation of Federal urban and regional policy, it is hereby ordered as follows: 1-1. Establishment of the Council. 1-101. There is established the Interagency Coordinating Council. 1-102. The Council shall be composed of the heads of the following agencies, or a designated representative, and such others as the President may designate: (a) Department of the Treasury (b) Department of Justice (c) Department of the Interior (d) Department of Agriculture (e) Department of Commerce (f) Department of Labor (g) Department of Health, Education, and Welfare (h) Department of Housing and Urban Development (i) Department of Transportation (j) Department of Energy (k) Environmental Protection Agency (1) Community Services Administration (m) General Services Administration (n) Small Business Administration (o) ACTION 1-103. The President shall designate the Chairperson of the Council. 1-2. Functions of the Council. 1-201. The Council shall work with Executive agencies to involve all sectors of the Nation, including State, county and local governments, regional bodies, the private sector, neighborhood groups, and volunteer and civic associations, in a partnership to conserve and strengthen America's communities. 1-202. The Council shall facilitate cooperation and coordination of urban and regional policy implementation among and between Executive agencies. 1-203. The Council shall assist Executive agencies in coordinating timely responses to State, county and local government and community development strategies. 1-204. The Council shall identify and seek to solve interagency and intergovernmental problems which impede the effective functioning of the Federal system. 1-205. The functions of the Council shall neither substitute for nor replace Executive Office of the President clearance, review and decisionmaking procedures. 1-3. Administrative Provisions. 1-301. Executive agencies shall cooperate with and assist the Council in performing its functions. 1-302. The Chairperson shall be responsible for providing the Council with such administrative services or support as may be necessary or appropriate. 1-303. The Chairperson may establish working groups or subcommittees of the Council. The Chairman may invite representatives of nonmember agencies to participate from time to time in the functions of the Council. 1-304. The Chairperson shall report to the President on the performance of the Council's functions. JIMMY CARTER The White House, August 16, 1978. [Filed with the Office of the Federal Register, 11:52 a.m., August 17, 1978]

🔗

Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

📜

Scholarly & Legal Citations

Exec. Order No. 12,075 (Aug. 16, 1978), https://executiveordersarchive.org/orders/app-executive-order-12075-interagency-coordinating-council.