By the authority vested in me as President of the United States of America by Section 621 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2381), and Section 301 of Title 3 of the United States Code, in order to delegate certain responsibilities to the Secretary of State and the Secretary of Defense and to reserve others to the President, it is hereby ordered as follows: 1-101. Section 201(a) of Executive Order No. 10973, as amended, relating to the administration of foreign assistance, is further amended by deleting "(except chapter 4 thereof)" and inserting in lieu thereof "(except chapters 4 and 6 thereof) ". 1-102. In Section 201 of Executive Order No. 10973, as amended, a new subsection (c) is added as follows: "(c) Those functions under Section 634A of the Act, to the extent that they relate to notifications to the Congress concerning changes in programs under Part II of the Act (except chapters 4 an(1 6 thereof), subject to prior consultation with the Secretary of State.". 1-103. Section 201(d) of Executive Order No. 10973, as amended, is revoked. 1-104. Section 203(a) of Executive Order No. 10973, as amended, is further amended to read as follows: "(a) Those under Section 502B of the Act.". 1-105. Section 401(c) of Executive Order No. 10973, as amended, is further amended by adding "515(f)," immediately after "506(a)," and by deleting "634(c), 663(a), and 669(b)(1)" and inserting in lieu thereof "633A, 663(a), 669(b) (1), and 670(b) (1)". 1-106. Section 401(g) of Executive Order No. 10973, as amended, is revised to read as follows: "(g) Those under Section 607 of the Foreign Assistance and Related Programs Appropriations Act, 1979 (92 Stat. 1591 ), with respect to findings.". 1-107. Executive Order No. 11958 of January 18, 1977, entitled "Administration of Arms Export Controls," is amended in Section 1 (a) by deleting "(c) (3) and (c)(4)" and inserting in lieu thereof "(c)(3), (c)(4), and (f)". JIMMY CARTER The White House, February 6, 1979. [Filed with the Office of the Federal Register, 11:51 a.m., February 7, 1979]
Executive Order 12118 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 12118—Administration of Security Assistance Programs
Executive Brief • At a Glance
⏱️ 2 min read (342 words) •
● In Effect
🎯 Primary Mandate
Section 201(a) of Executive Order No. 10973, as amended, relating to the administration of foreign assistance, is further amended by deleting "(except chapter 4 thereof)" and inserting in lieu thereof "(except chapters 4 and 6 thereof) ". 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 Sovereign State Governments & Localities 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 February 6, 1979, this order concerns Administration of Security Assistance Programs. 1-101. Section 201(a) of Executive Order No. 10973, as amended, relating to the administration of foreign assistance, is further amended by deleting "(except chapter 4 thereof)" and inserting in lieu thereof "(except chapters 4 and 6 thereof) ". 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
▪
Section 201(a) of Executive Order No. 10973, as amended, relating to the administration of foreign assistance, is further amended by deleting "(except chapter 4 thereof)" and inserting in lieu thereof "(except chapters 4 and 6 thereof) ". 1-102.
▪
In Section 201 of Executive Order No. 10973, as amended, a new subsection (c) is added as follows: "(c) Those functions under Section 634A of the Act, to the extent that they relate to notifications to the Congress concerning changes in programs under Part II of the Act (except chapters 4 an(1 6 thereof), subject to prior consultation with the Secretary of State.". 1-103.
▪
Section 201(d) of Executive Order No. 10973, as amended, is revoked. 1-104.
▪
Section 203(a) of Executive Order No. 10973, as amended, is further amended to read as follows: "(a) Those under Section 502B of the Act.". 1-105.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Sovereign State Governments & Localities
🏛️ 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 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
342
2,073 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
10.3
High School
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 10973 Nov 3, 1961
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.41)
Executive Order 10973—Administration of Foreign Assistance and Related Functions
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Delegation of functions. Exclusive of the functions otherwise delegated, or reserved to the President, by the provisions of this order, and subject to the provisions of this order, there are hereby delegated to the Secretary of State (hereafter in this Part referred to as the…
John F. Kennedy High School • 11m
EO 11958 Amended Jan 18, 1977
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11958—Administration of Arms Export Controls
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Delegation of Functions. The following functions conferred upon the President by the Arms Export Control Act (22 U.S.C. 2751 et seq.), hereinafter referred to as the Act, are delegated as follows: (a) Those under Section 3 of the Act, with the exception of subsections (a) (1)…
Gerald R. Ford Post-Graduate Legal • 6m
EO 12117 Feb 6, 1979
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 12117—Imports From Uganda
📜 Art. I §8: Delegated Tariff & Commerce Execution
1-101. The Secretary of the Treasury shall administer those provisions of Section 5(c) of the Act of October 10, 1978 ',Public Law 95-435; 92 Stat. 1051; 22 U.S.C. 2151 note) which prohibit a corporation, institution, group or individual from importing, directly or indirectly…
Jimmy Carter College Level • 1m
EO 12120 Feb 14, 1979
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12120—The Honorable Adolph Dubs
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Pursuant to the provisions of 36 U.S.C. 175(m), that on the day of interment, the flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal government in the District of Columbia and throughout the United States and its…
Jimmy Carter College Level • 1m
EO 12119 Feb 14, 1979
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 12119—Executive Schedule
📜 Art. I §8: Delegated Tariff & Commerce Execution
By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, and in order to place the position of Counselor on Legislative and Intergovernmental Policy, Department of the Treasury in level IV of the Executive…
Jimmy Carter College Level • 1m
EO 12116 Jan 19, 1979
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 12116—Issuance of Food Stamps by the Postal Service
📜 10th Amend: Intergovernmental Federalism Cooperation
By the authority vested in me as President of the United States of America by Section 1 l(k) of the Food Stamp Act of 1977 (91 Stat. 974; 7 U.S.C. 2020 (k)), 1 the United States Postal Service is hereby granted approval for post offices in all or part of any State to issue food…
Jimmy Carter Grade 9 • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 12,118 (Feb. 6, 1979), https://executiveordersarchive.org/orders/app-executive-order-12118-administration-security-assistance-programs.
