By the authority vested in me as President by the Constitution of the United States of America, it is hereby ordered as follows: 1-101. In order to ratify and reflect the actual effective date of the functioning of the activities of the Commission, Section 1-403 of Executive Order No. 12071 is amended to read "This Order shall be effective on September 21, 1978.". 1-202. In order to ratify and reflect that the Chairman may appoint necessary staff, Section 1-304 of Executive Order No. 12071 is amended to read as follows: "1-304. The Chairman is authorized to appoint and fix the compensation of a staff, including not more than one position at the CS-18 level, as may be necessary to enable it to carry out its functions. The Chairman 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.". JIMMY CARTER The White House, November 17, 1978. [Filed with the Office of the Federal Register, 4:23 p.m., November 17, 1978]
Executive Order 12100—President's Commission on Pension Policy
Executive Brief • At a Glance
In order to ratify and reflect the actual effective date of the functioning of the activities of the Commission, Section 1-403 of Executive Order No. 12071 is amended to read "This Order shall be effective on September 21, 1978.". 1-202.
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 17, 1978, this order concerns President's Commission on Pension Policy. 1-101. In order to ratify and reflect the actual effective date of the functioning of the activities of the Commission, Section 1-403 of Executive Order No. 12071 is amended to read "This Order shall be effective on September 21, 1978.". 1-202. In order to ratify and reflect that the Chairman may appoint necessary staff, Section 1-304 of Executive Order No. 12071 is amended to read as follows: "1-304.
Key Directives & Operative Actions
In order to ratify and reflect the actual effective date of the functioning of the activities of the Commission, Section 1-403 of Executive Order No. 12071 is amended to read "This Order shall be effective on September 21, 1978.". 1-202.
In order to ratify and reflect that the Chairman may appoint necessary staff, Section 1-304 of Executive Order No. 12071 is amended to read as follows: "1-304.
The Chairman is authorized to appoint and fix the compensation of a staff, including not more than one position at the CS-18 level, as may be necessary to enable it to carry out its functions.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 12,100 (Nov. 17, 1978), https://executiveordersarchive.org/orders/app-executive-order-12100-presidents-commission-pension-policy.