By the authority vested in me as President by the Constitution and statutes of the United States of America, and in order to amend the responsibilities of the President's Commission on Personnel Interchange and to continue its work of enriching both the Government and the private sectors by enabling the most promising executive to work in the other sector, it is hereby ordered as follows: I-1. Establishment of the Commission. 1-101. The President's Commission on Personnel Interchange is continued and renamed the President's Commission on Executive Exchange. 1-102. The Commission shall be composed of such officials in the Executive agencies and such persons from the private sector as the President may from time to time appoint. The Chairman shall be designated by the President. The members of the commission and the Chairman shall serve two-year terms at the pleasure of the President. 1-103. Members of the Commission who are officers or employees of the Federal Government shall receive no additional compensation by reason of this Order, and members who are not such officers or employees shall serve without compensation, but shall be provided with travel expenses, including per diem in lieu of subsistence, as authorized by law. 1-2. Functions of the Commission. 1-201. The Commission shall develop an Executive Exchange Program in which promising executives from the Executive agencies, and from the private sector, who have demonstrated the ability to rise to high management positions, will be selected as Exchange Executives and placed in positions in the other sector which offer significant challenge, responsibility, and regular and continuing contact with senior officials. 1-202. The Commission shall develop an education program which places the work experience of the Exchange Executive in the broader context of both the Federal Government and the private sector. 1-203. The Commission shall supervise and review the operation of the Program, and recommend to the President ways to promote and improve the exchange between the Government and the private sector. 1-204. The Commission shall ensure that the Program operates in compliance with the merit principles set forth in Section 2301 of Title 5 of the United States Code. 1-3. Responsibilities of Executive Agencies. 1-301. Each Executive agency shall, to the extent permitted by law, cooperate with the Commission and furnish it with such assistance as the Chairman may request in connection with the Program. 1-302. The head of each Executive agency shall designate a presidential appointee who is not a member of the Commission to serve as liaison to the Commission. 1—4. Administrative Provisions. 1-401. The Office of Personnel Management shall provide the Commission with administrative services, staff support, and travel expenses, as authorized by law. 1-402. Executive Order No. 11451 of January 19, 1969, is superseded. JIMMY CARTER The White House, May 15, 1979. [Filed with the Office of the Federal Register, 3:02 p.m., May 15, 1979]
Executive Order 12136 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 12136—President's Commission on Executive Exchange
Executive Brief • At a Glance
⏱️ 2 min read (471 words) •
● In Effect
🎯 Primary Mandate
The Commission shall be composed of such officials in the Executive agencies and such persons from the private sector as the President may from time to time appoint.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
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 May 15, 1979, this order concerns President's Commission on Executive Exchange. I-1. Establishment of the Commission. 1-101. The President's Commission on Personnel Interchange is continued and renamed the President's Commission on Executive Exchange. 1-102. The Commission shall be composed of such officials in the Executive agencies and such persons from the private sector as the President may from time to time appoint. The Chairman shall be designated by the President.
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 Commission shall be composed of such officials in the Executive agencies and such persons from the private sector as the President may from time to time appoint.
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The Chairman shall be designated by the President.
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The members of the commission and the Chairman shall serve two-year terms at the pleasure of the President. 1-103.
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Members of the Commission who are officers or employees of the Federal Government shall receive no additional compensation by reason of this Order, and members who are not such officers or employees shall serve without compensation, but shall be provided with travel expenses, including per diem in lieu of subsistence, as authorized by law. 1-2.
Constitutional & Societal Entities Impacted
🏛️ 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 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
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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
39 / 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
High Friction
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
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
471
3,029 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14
College Level
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Ronald Reagan • 1984-12-05
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 11451 Jan 19, 1969
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11451—Establishing the President's Commission on Personnel Interchange
📜 5th Amend: Regulatory Execution with Due Process
Establishment of the Commission. (a) There is hereby established the President's Commission on Personnel Interchange (hereinafter referred to as the Commission).
Lyndon B. Johnson College Level • 2m
EO 12137 Amended May 16, 1979
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.75)
Executive Order 12137—Peace Corps
📜 Art. I §8: Delegated Tariff & Commerce Execution
1-1. Peace Corps. 1-101. The Peace Corps, which was established as an agency in the Department of State pursuant to Executive Order No. 10924 of March 1, 1961 (26 FR 1789), which was continued in existence in that Department under the Peace Corps Act (the "Act") pursuant to…
Jimmy Carter High School • 10m
EO 12138 May 18, 1979
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 12138—Women's Business Enterprise
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-1. Responsibilities of the Federal Departments and Agencies. 1-101. Within the constraints of statutory authority and as otherwise permitted by law: (a) Each department and agency of the Executive Branch shall take appropriate action to facilitate, preserve and strengthen…
Jimmy Carter Post-Graduate Legal • 9m
EO 12135 May 9, 1979
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 12135—President's Advisory Committee for Women
📜 5th Amend: Regulatory Execution with Due Process
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.
Jimmy Carter College Level • 3m
EO 12134 May 9, 1979
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12134—Printing Services Within the Executive Office
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-101. (a) The primary responsibility for performing the common and usual administrative support and services that are related to printing and duplication and that are assigned to the Office of Administration in the Executive Office of the President by Section 3(b) (5) of…
Jimmy Carter High School • 2m
EO 12133 May 9, 1979
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12133—Drug Policy Functions
📜 Art. II §1: Executive Discretion & Internal Operations
1-101. The Domestic Policy Staff has been assigned to assist the President in the performance of the drug policy functions transferred by Section 5C of Reorganization Plan No. 1 of 1977 (42 FR 56101 ). ( Section 2 (c) of Executive Order No. 12045.) 1-102.
Jimmy Carter College Level • 1m
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Scholarly & Legal Citations
Exec. Order No. 12,136 (May 15, 1979), https://executiveordersarchive.org/orders/app-executive-order-12136-presidents-commission-executive-exchange.
