Executive Order 12166 Constitutional Neutral (+0.02)

Executive Order 12166—Export-Import Bank

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Friday, October 19, 1979

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1 min read (214 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Jimmy Carter on 1979-10-19, establishes federal administrative policy concerning "Export-Import Bank." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

▪ By the authority vested in me as President of the United States of America by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C.

▪ The function vested in the President by Section 2(b) (1) (B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C.

▪ Before making such a determination, the Secretary of State shall consult with the Secretary of Commerce and the heads of other interested Executive agencies.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities

Total Words

214

1,317 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

12.8

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

📜

Scholarly & Legal Citations

Exec. Order No. 12166, Jimmy Carter (Oct 19, 1979). Available at https://executiveordersarchive.org/orders/app-executive-order-12166-export-import-bank.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President of the United States of America by Section 2(b)(1)(B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(1)(B)), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: 1-101. The function vested in the President by Section 2(b) (1) (B) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b) (1) (B)), is delegated to the Secretary of State. That function is the authority to determine that a denial by the Export-Import Bank of an application for credit would be in the national interest, where such action could clearly and importantly advance United States policy in such areas as international terrorism, nuclear proliferation, environmental protection and human rights. 1-102. Before making such a determination, the Secretary of State shall consult with the Secretary of Commerce and the heads of other interested Executive agencies. 1-103. In accord with Section 2(b) (1) (B) of that Act, only in those cases where the Secretary of State has made such a determination should the Export-Import Bank deny an application for credit for nonfinancial or noncommercial considerations. JIMMY CARTER The White House, October 19, 1979. [Filed with the Office of the Federal Register, 4:08 p.m., October 19, 1979]