By the authority vested in me as President by the Constitution of the United States of America, and by the Statutes of the United States of America, including the Federal Advisory Committee Act, 5 U.S.C. App. I, and 3 U.S.C. 301, in order to establish an independent forum to recommend for this Nation an Agenda for the Eighties and to recommend approaches for dealing with the major issues which will confront the American people during that decade, it is ordered: 1-1. Establishment and Structure 1-101. There is hereby established the President's Commission for a National Agenda for the Eighties. 1-102. The Commission shall be composed initially of fifty members appointed by the President from among private citizens of the United States. Upon the request of the Commission, the President shall select and appoint no more than fifty additional members. 1-103. The President shall designate the Chairperson of the Commission. The Chairperson, following consultations with Commission members, shall designate no more than fifteen members of the Commission to constitute an Executive Committee. 1-104. The members of the Commission shall not receive compensation for their service on the Commission, but may receive travel expenses, including per diem in lieu of subsistence. 1-2. Functions and Reports 1-201. Under the direction of the Executive Committee, the Commission shall identify and examine the most critical public policy challenges of the 1980's. It shall examine issues related to the capacity for effective Federal governance, the role of private institutions in meeting public needs, and underlying social and economic trends, as these issues bear on our public policy challenges in the 1980's. Areas to be reviewed by the Commission shall include: (a) underlying trends or developments within our society, such as the changing structure of our economy, the persistence of inflationary forces, demands on our natural environment, and demographic shifts within our population that will shape public choices in the 1980's; (b) opportunities to enhance social justice and economic well-being for all our people in the 1980's; (c) the role of private institutions, including the non-profit and voluntary sectors, in meeting basic human needs and aspirations in the future; (d) defining the role of the public sector, and financing its responsibilities in the 1980's; (e) impediments to building policy consensus, both within government—the Executive branch, Congress, State and local government—and within the Nation as a whole. Within this framework, the Commission shall identify the specific issues appropriate for examination. 1-202. The Chairperson of the Commission shall organize the Commission to study and make recommendations on major subject matter areas. This shall include the authority to appoint study panels and their chairpersons. 1-203. The Executive Committee shall coordinate the work and act on behalf of the Commission as necessary. 1-204. The Commission shall make every feasible effort to ensure citizen participation in the development of its Agenda and recommendations. The Commission, in preparing its recommendations, shall also consult with the Congress and with State and local officials. 1-205. The Commission shall prepare a final report .setting forth its recommendations for addressing its Agenda for the Eighties and shall present the report to the President and to the Congress by December 31, 1980. 1-206. The Commission shall terminate on February 15, 1981. 1-3. Staff and Support 1-301. The Chairperson of the Commission shall appoint an Executive Director of the Commission. 1-302. To the extent permitted by law, Executive Agencies shall provide funds, facilities, support, services and assistance for the Commission and its subgroups, and such information and advice as the Commission may request. 1-303. Notwithstanding Executive Order 12024, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to Congress, shall be performed by the Director of the Office of Management and Budget with regard to the Commission and its subgroups. The Director is authorized to further delegate these responsibilities. JIMMY CARTER The White House, October 24, 1979. [Filed with the Office of the Federal Register, 4:08 p.m., October 24, 1979]
Executive Order 12168—President's Commission for a National Agenda for the Eighties
Executive Brief • At a Glance
There is hereby established the President's Commission for a National Agenda for the Eighties. 1-102.
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 October 24, 1979, this order concerns President's Commission for a National Agenda for the Eighties. 1-1. Establishment and Structure 1-101. There is hereby established the President's Commission for a National Agenda for the Eighties. 1-102. The Commission shall be composed initially of fifty members appointed by the President from among private citizens of the United States. Upon the request of the Commission, the President shall select and appoint no more than fifty additional members. 1-103.
Key Directives & Operative Actions
There is hereby established the President's Commission for a National Agenda for the Eighties. 1-102.
The Commission shall be composed initially of fifty members appointed by the President from among private citizens of the United States.
Upon the request of the Commission, the President shall select and appoint no more than fifty additional members. 1-103.
The President shall designate the Chairperson of the Commission.
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 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."
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.
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
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 12,168 (Oct. 24, 1979), https://executiveordersarchive.org/orders/app-executive-order-12168-presidents-commission-for-national-agenda-for-the-eighties.