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Executive Order 12135 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 12135—President's Advisory Committee for Women

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Wednesday, May 9, 1979
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3 min read (503 words)

Executive Brief • At a Glance

⏱️ 3 min read (503 words) • ● In Effect
🎯 Primary Mandate

The President shall appoint not more than thirty individuals to serve on the Committee.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Private Citizens & Property Owners 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 May 9, 1979, this order concerns President's Advisory Committee for Women. 1-1. Establishment of the Committee. 1-101. The National Advisory Committee for Women is continued and redesignated the President's Advisory Committee for Women. 1-102. The President shall appoint not more than thirty individuals to serve on the Committee. The President shall designate one member to chair the Committee and may designate two members as vicechairs. 1-2. Functions of the Committee. 1-201.

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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The President shall appoint not more than thirty individuals to serve on the Committee.

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The President shall designate one member to chair the Committee and may designate two members as vicechairs. 1-2.

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The Committee shall advise the President on a regular basis of initiatives needed to promote full equality for American women. 1-202.

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The Committee shall assist in reviewing the applicability of such initiatives, including recommendations of the 1977 National Women's Conference, to particular programs and policies. 1-203.

Constitutional & Societal Entities Impacted

🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities

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
503
3,296 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
13
College Level
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
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Official Archival Text

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By the authority vested in me as President by the Constitution and statutes of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App. I), and in order to amend the organization and responsibilities of the National Advisory Committee for Women, it is hereby ordered as follows: 1-1. Establishment of the Committee. 1-101. The National Advisory Committee for Women is continued and redesignated the President's Advisory Committee for Women. 1-102. The President shall appoint not more than thirty individuals to serve on the Committee. The President shall designate one member to chair the Committee and may designate two members as vicechairs. 1-2. Functions of the Committee. 1-201. The Committee shall advise the President on a regular basis of initiatives needed to promote full equality for American women. 1-202. The Committee shall assist in reviewing the applicability of such initiatives, including recommendations of the 1977 National Women's Conference, to particular programs and policies. 1-203. The Committee shall provide advice on appropriate ways to promote the national observance of the United Nations Decade for Women, Equality, Development and Peace ( 1975-1985 ). 1-204. 'The Committee shall gather information relating to its responsibilities and shall disseminate such information, through newsletters or other appropriate means, to the Executive Branch and to interested members of the public. 1-205. The Committee shall consult regularly with the Interdepartmental Task Force, whose existence is continued by Section 1-402. 1-206. The Committee shall establish such procedural regulations as are necessary to carry out its responsibilities. 1-3. Administrative Provisions. 1-301. The Committee may request any agency of the Executive Branch of the government to furnish it with such information, advice, funds and services as may be useful for the fulfillment of the Committee's functions under this Order. Such agencies are authorized, to the extent permitted by law, to honor the Committee's requests. 1-302. Each member of the Committee may receive compensation at the maximum rate now or hereafter prescribed by law for each day such member is attending a regularly scheduled meeting of the Committee or a subcommittee thereof. Each member may receive travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702 and 5703). 1-4. General Provisions. 1-401. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act which are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Labor in accordance with guidelines and procedures established by the Administrator of General Services. 1-402. The Interdepartmental Task Force (created by Section 6 of Executive Order No. 12050) is continued. 1-403. The Committee shall conclude its work and Shall make a final report to the President by December 31, 1980, at which time it shall terminate. 1-404. Executive Order No. 12050, except for Section 6, and Executive Order No. 12057, are revoked. JIMMY CARTER The White House, May 9, 1979. [Filed with the Office of the Federal Register, 10:20 a.m., May 10, 1979]

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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. 12,135 (May 9, 1979), https://executiveordersarchive.org/orders/app-executive-order-12135-presidents-advisory-committee-for-women.