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Executive Orders Historical Archive
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Executive Order 12078 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.44) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 12078—Presidential Commission on World Hunger

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Tuesday, September 5, 1978
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4 min read (812 words)

Executive Brief • At a Glance

⏱️ 4 min read (812 words) • ● In Effect
🎯 Primary Mandate

There is established the Presidential Commission on World Hunger. 1-102.

⚖️ 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 Private Citizens & Property Owners

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 September 5, 1978, this order concerns Presidential Commission on World Hunger. 1-1. Establishment of Commission. 1-101. There is established the Presidential Commission on World Hunger. 1-102. The membership of the Commission shall be composed of not more than 20 persons from among citizens in public and private life as follows: (a) Sixteen members shall be appointed by the President, who shall designate a Chairman and two Vice Chairmen.

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 established the Presidential Commission on World Hunger. 1-102.

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The membership of the Commission shall be composed of not more than 20 persons from among citizens in public and private life as follows: (a) Sixteen members shall be appointed by the President, who shall designate a Chairman and two Vice Chairmen.

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The President of the Senate and the Speaker of the House of Representatives are each invited to designate two Members of their respective Houses to serve on the Commission. 1-2.

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The Commission shall develop factual data as to the causes of world hunger and malnutrition.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

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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)
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"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
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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
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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%).
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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
812
5,239 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
15.1
College Level
Language Tone Score
+0.44
Constitutional Fidelity
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 create in accordance with the Federal Advisory Committee Act (5 U.S.C. App. I) an advisory commission on the problems of hunger and malnutrition, it is hereby ordered as follows: 1-1. Establishment of Commission. 1-101. There is established the Presidential Commission on World Hunger. 1-102. The membership of the Commission shall be composed of not more than 20 persons from among citizens in public and private life as follows: (a) Sixteen members shall be appointed by the President, who shall designate a Chairman and two Vice Chairmen. (b) The President of the Senate and the Speaker of the House of Representatives are each invited to designate two Members of their respective Houses to serve on the Commission. 1-2. Functions of the Commission. 1-201. The Commission shall develop factual data as to the causes of world hunger and malnutrition. It shall review existing authorities and programs, public and private, national and international, which seek to address the problems of hunger and malnutrition; and, shall assess the extent to which those programs are meeting their objectives, and why. 1-202. In developing its data and assessing existing programs, the Commission shall review existing studies on world hunger and malnutrition, conduct additional studies where necessary, and hold such hearings or inquiries as may be helpful. 1-203. The Commission shall develop recommendations designed to significantly reduce world hunger and malnutrition; and, shall develop various options for harnessing available resources to carry out those recommendations, including policy options for improving the capacity of the United States to reduce the problems of world hunger and malnutrition. 1-204. In developing its recommendations, the Commission shall encourage public participation by holding hearings, issuing reports, and coordinating, sponsoring, or overseeing projects, studies, and other activities related to the understanding of the problems of world hunger and malnutrition. The maximum use shall be made of past and ongoing related government efforts of that nature. 1-205. The Commission shall coordinate its functions with local, state, national, and international agencies and organizations where appropriate. 1-206. An interim report on the status of its work and on its tentative recommendations shall be submitted to the President no later than July 31, 1979. 1-3. Administrative Provisions. 1-301. The Commission may establish subcommittees. Private citizens who are not members of the Commission may be included as members of subcommittees. 1-302. The Commission may request any Executive agency to furnish such information, advice, and services as may be useful for the fulfillment of the Commission's functions under this Order. Each agency shall designate an agency liaison with the Commission and shall, to the extent permitted by law and overriding priorities, and within the limits of available funds and personnel resources, furnish such information, advice, and services to the Commission upon the written request of the Chairman of the Commission. 1-303. The Commission is authorized to appoint and fix the compensation of a staff and such other persons as may be necessary to enable it to carry out its functions. The Commission may obtain services in accordance with the provisions of Section 3109 of Title 5 of the United States Code, to the extent funds are available therefor. 1-304. Each member of the Commission and its subcommittees may receive, to the extent permitted by law, compensation for each day he or she is engaged in meetings of the Commission or its subcommittees at a rate not to exceed the daily rate now or hereafter prescribed by law for GS-15 of the General Schedule, and may also receive 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. 1-305. The General Services Administration shall provide administrative services, facilities, and support to the Commission on a reimbursable basis. 1-306. All necessary expenses incurred in connection with the work of the Commission shall be paid from the appropriation for "Unanticipated Needs" in the Executive Office Appropriations Act, 1978, or from such other funds as may be available. 1-307. The functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), which are applicable to the Commission, except that of reporting annually to the Congress, shall be performed by the Administrator of General Services as provided by Executive Order No. 12024 of December 1, 1977. 1-4. General Provisions. 1-401. The Commission shall conclude its work and submit a final report to the President at least 30 days prior to its termination, including its recommendations for improving the United States' capacity to reduce the problems of hunger and malnutrition. 1-402. The Commission shall terminate on June 30, 1980 or earlier as directed by the President. JIMMY CARTER The White House, September 5, 1978. [Filed with the Office of the Federal Register, 1:45 p.m., September 5, 1978]

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Referenced By Later Executive Orders (2)

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

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Scholarly & Legal Citations

Exec. Order No. 12,078 (Sept. 5, 1978), https://executiveordersarchive.org/orders/app-executive-order-12078-presidential-commission-world-hunger.