By virtue of 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 provisions of the Federal Advisory Committee Act (5 U.S.C. App. I), an advisory committee on the establishment of a memorial to the victims of the Holocaust, it is hereby ordered as follows: 1-1. Establishment and Membership. 1-101. There is established the President's Commission on the Holocaust. 1-102. The Commission shall consist of not more than thirty-four members as follows: (a) The President shall appoint twentyfour members of the Commission and shall designate one of these members to chair the Commission. (b) The Speaker of the House of Representatives and the President of the Senate are each invited to designate five members of their respective Houses to serve as members of the Commission. 1-2. Functions of the Commission. 1-201. The Commission shall submit a report to the President and the Secretary of the Interior containing its recommendations with respect to the establishment and maintenance of an appropriate memorial to those who perished in the Holocaust. 1-202. The Commission's report shall examine the feasibility of obtaining funds for creation and maintenance of the Memorial through contributions by the American people. 1-203. The Commission shall recommend appropriate ways for the nation to commemorate April 28 and 29, 1979, which the Congress has resolved shall be "Days of Remembrance of Victims of the Holocaust." 1-3. Administrative Provisions. 1-301. To the extent permitted by law, the Secretary of the Interior shall provide all necessary administrative services, facilities, support, and funds necessary for the performance of the Commission's functions. 1-302. Each member of the Commission who is not otherwise employed in the Government may receive compensation for each day such member is engaged in the work of the Commission at a daily rate to be determined by the Secretary of the Interior. Such rate shall not exceed that payable pursuant to the Federal Advisory Committee Act. 1-303. Members of the Commission shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703) for persons in the Government service employed intermittently. 1-304. The functions of the President under the Federal Advisory Committee Act which are applicable to the Commission, except that of reporting to the Congress, shall be performed by the Secretary of the Interior in accordance with guidelines and procedures prescribed by the Administrator of General Services. 1-4. Final Report and Termination 1-401. The Commission shall submit its final report to the President and the Secretary of the Interior not later than six months from the date of its first meeting. 1-402. The Commission shall terminate not later than thirty days after submitting its final report. JIMMY CARTER The White House, November 1, 1978. [Filed with the Office of the Federal Register, 4:50 p.m., November 1, 1978]
Executive Order 12093 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 12093—President's Commission on the Holocaust
Executive Brief • At a Glance
⏱️ 2 min read (480 words) •
● In Effect
🎯 Primary Mandate
There is established the President's Commission on the Holocaust. 1-102.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Foreign Nations & International Entities
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 November 1, 1978, this order concerns President's Commission on the Holocaust. 1-1. Establishment and Membership. 1-101. There is established the President's Commission on the Holocaust. 1-102. The Commission shall consist of not more than thirty-four members as follows: (a) The President shall appoint twentyfour members of the Commission and shall designate one of these members to chair the Commission.
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 President's Commission on the Holocaust. 1-102.
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The Commission shall consist of not more than thirty-four members as follows: (a) The President shall appoint twentyfour members of the Commission and shall designate one of these members to chair the Commission.
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The Speaker of the House of Representatives and the President of the Senate are each invited to designate five members of their respective Houses to serve as members of the Commission. 1-2.
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The Commission shall submit a report to the President and the Secretary of the Interior containing its recommendations with respect to the establishment and maintenance of an appropriate memorial to those who perished in the Holocaust. 1-202.
Constitutional & Societal Entities Impacted
🏛️ Foreign Nations & International Entities
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 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
"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
📐
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
Moderate Friction
Legislative Encroachment & Purse
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
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
Moderate Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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
480
3,043 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
13.5
College Level
Text size:
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Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Jimmy Carter • 1980-12-31
Jimmy Carter • 1979-08-14
Related Executive Orders
Other executive actions signed by Jimmy Carter around this period.
EO 12094 Nov 1, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12094—Special Pay for Sea Duty
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-101. Executive Order No. 11157, as amended, is further amended by revising Part II thereof to read as follows: "PART II SPECIAL PAY FOR SEA DUTY AND DUTY AT CERTAIN PLACES "Sec. 201.
Jimmy Carter Post-Graduate Legal • 5m
EO 12092 Nov 1, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12092—Federal Anti-Inflationary Procurement Practices
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-101. The Chairman of the Council on Wage and Price Stability shall: (a) Monitor company pay and price practices in order to determine compliance with the standards set forth in Section 1-102 of this Order; (b) Promulgate regulations and guidance to further define these…
Jimmy Carter Post-Graduate Legal • 2m
EO 12091 Nov 1, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12091—Small Business Conference Commission
📜 Art. II §1: Executive Discretion & Internal Operations
Sections 1-101, 1-201, 1-204 and 1-402 of Executive Order No. 12061 of May 18, 1978, are amended to read as follows: "1-101. There is established a Small Business Conference Commission. The Commission shall be composed of eleven members.", "1-201.
Jimmy Carter High School • 1m
EO 12096 Nov 2, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12096—Industry and Trade Administration
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-101. The compensation for the position of Senior Deputy Assistant Secretary for Industry and Trade, Industry and Trade Administration, Department of Commerce, is fixed at the rate now or hereafter prescribed by law for level V of the Executive Schedule (5 U.S.C. 5316). 1-102.
Jimmy Carter College Level • 1m
EO 12095 Nov 2, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12095—Emergency Board To Investigate an Airline Labor Dispute
📜 Art. II §1: Executive Discretion & Internal Operations
1-101. Establishment of Board. There is established a board of three members to be appointed by the President to investigate this dispute. No member of the board shall be pecuniarily or otherwise interested in any organization of airline employees or any carrier. 1-102. Report.
Jimmy Carter High School • 1m
EO 12090 Oct 31, 1978
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12090—President's Commission on Foreign Language and International Studies
📜 Art. II §1: Executive Discretion & Internal Operations
Section 4 of Executive Order No. 12054 of April 21, 1978, is amended to read as follows: "Sec. 4. Termination and Final Report. The Commission shall submit its final report to the President not later than eleven months after its first meeting and shall terminate thirty days…
Jimmy Carter High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 12,093 (Nov. 1, 1978), https://executiveordersarchive.org/orders/app-executive-order-12093-presidents-commission-the-holocaust.
