COMPENSATION OF CERTAIN OFFICIALS IN THE INDUSTRY AND TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE By the authority vested in me as President of the United States of America by Section 703 (a) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2153(a) ), it is hereby ordered as follows: 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. The compensation for the position of Deputy Assistant Secretary for Trade Regulation, Bureau of Trade Regulation, Industry and Trade Administration, Department of Commerce, is fixed at the highest rate now or hereafter prescribed by law for grade 18 of the General Schedule (5 U.S.C. 5332). 1-103. The compensation for the positions of Deputy Director, Bureau of Trade Regulation, and Director, Office of Industrial Mobilization, Bureau of Trade Regulation, Industry and Trade Administration, Department of Commerce, are fixed at the highest rate now or hereafter prescribed by law for grade 17 of the General Schedule (5 U.S.C. 5332). 1-104. This order supersedes Executive Order No. 11759 of January 15, 1974. JIMMY CARTER The White House, November 9, 1978. [Filed with the Office of the Federal Register, 10:29 a.m., November 9, 1978]
Executive Order 12096 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 12096—Industry and Trade Administration
Executive Brief • At a Glance
⏱️ 1 min read (225 words) •
● In Effect
🎯 Primary Mandate
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.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises 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 November 2, 1978, this order concerns Industry and Trade Administration. 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.
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
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.
▪
The compensation for the position of Deputy Assistant Secretary for Trade Regulation, Bureau of Trade Regulation, Industry and Trade Administration, Department of Commerce, is fixed at the highest rate now or hereafter prescribed by law for grade 18 of the General Schedule (5 U.S.C. 5332). 1-103.
▪
The compensation for the positions of Deputy Director, Bureau of Trade Regulation, and Director, Office of Industrial Mobilization, Bureau of Trade Regulation, Industry and Trade Administration, Department of Commerce, are fixed at the highest rate now or hereafter prescribed by law for grade 17 of the General Schedule (5 U.S.C. 5332). 1-104.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ 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
"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: Strong Prerogative Support
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
225
1,419 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.7
College Level
Text size:
🔗
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Jimmy Carter • 1980-01-02
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11759 Jan 15, 1974
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11759—Prescribing the Compensation of Certain Officials in the Domestic and International Business Administration, Department of Commerce
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The compensation for the position of Deputy Assistant Secretary for Domestic and International Business, Department of Commerce, is hereby fixed at the rate now or hereafter prescribed by law for level V of the Executive Schedule (5 U.S.C. 5316). SEC. 2.
Richard Nixon High School • 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 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 12093 Nov 1, 1978
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 12093—President's Commission on the Holocaust
📜 5th Amend: Regulatory Execution with Due Process
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…
Jimmy Carter College Level • 2m
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
📜
Scholarly & Legal Citations
Exec. Order No. 12,096 (Nov. 2, 1978), https://executiveordersarchive.org/orders/app-executive-order-12096-industry-and-trade-administration.
