By virtue of the authority vested in me as President by the Constitution of the United States of America and in order to establish, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), a committee to begin the implementation of the recommendations of the President's Commission on the Holocaust for the establishment of a Holocaust Memorial, it is hereby ordered as follows: 1-1. Establishment of the Council 1-101. There is established a United States Holocaust Memorial Council. For the purpose of this Order, the "Holocaust" is the systematic and State-sponsored extermination of six million Jews and some five million other peoples by the Nazis and their collaborators during World War II. 1-102. The membership of the United States Holocaust Memorial Council shall consist of not more than 45 and not less than 25 members as follows: (a) The President shall appoint between 15 and 35 members of the Council and shall designate one of these members to Chair the Council and another member to serve as Vice Chairman. The Chairman may recommend to the President a member of the Council to serve as Vice Chairman. (b) The President of the Senate and the Speaker of the House of Representatives are each invited to designate five members of their respective Houses to serve as members of the Council. 1-2. Functions of the Council. 1-201. The Council shall recommend to the President and to the Secretary of the Interior ways to implement the approved recommendations of the President's Commission on the Holocaust: (a) the erection of a memorial museum, (b) the establishment of an educational and research foundation, and (c) the establishment of a Citizens Committee on Conscience. 1-202. The Council shall recommend specific site locations within the Washington, D.C. metropolitan area. Criteria for choosing architectural design should be included in the site recommendations. 1-203. The Council shall propose a concept for the memorial museum, including general descriptions of the types and categories of exhibits to be displayed in the museum. Similarly, suggested functions and limitations for the educational and research foundation should be recommended. 1-204. The Council shall recommend the size, composition, and names of distinguished American citizens qualified to serve on the Citizens Committee on Conscience. It shall advise on the specific duties and limitations of such a Committee. 1-205. The Council shall also advise on the various ways to fund all of these recommendations. Funding proposals should provide that construction costs would be raised primarily from private contributions. 1-206. In addition, the Council shall recommend appropriate ways for the Nation to commemorate "Days of Remembrance of Victims of the Holocaust." 1-207. The Council shall submit a final report to the President and to the Secretary of the Interior no later than June 30, 1980. 1-3. Administrative Provisions. 1-301. The Secretary of the Interior shall, to the extent permitted by law, provide the Council with administrative services, facilities, support, and funds necessary for the effective performance of the Council's functions. 1-302. Members of the Council who are not otherwise employed by the Federal Government may receive compensation for each day such member is engaged in the work of the Council at a daily rate to be determined by the Secretary of the Interior. Such rate shall not exceed the amount payable pursuant to the Federal Advisory Committee Act, as amended. 1-303. Members of the Council shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703) for persons in the Government service employed intermittently. 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, as amended, except that of reporting to the Congress, which are applicable to the Council, shall be performed by the Secretary of the Interior in accordance with guidelines and procedures prescribed by the Administrator of General Services. 1-402. The Council shall serve as an interim body and shall terminate on July 3 l, 1980, unless sooner extended. JIMMY CARTER The White House, October 26, 1979. [Filed with the Office of the Federal Register, 10:50 a.m., October 29, 1979]
Executive Order 12169—United States Holocaust Memorial Council
Executive Brief • At a Glance
There is established a United States Holocaust Memorial Council.
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 26, 1979, this order concerns United States Holocaust Memorial Council. 1-1. Establishment of the Council 1-101. There is established a United States Holocaust Memorial Council. For the purpose of this Order, the "Holocaust" is the systematic and State-sponsored extermination of six million Jews and some five million other peoples by the Nazis and their collaborators during World War II. 1-102.
Key Directives & Operative Actions
There is established a United States Holocaust Memorial Council.
The membership of the United States Holocaust Memorial Council shall consist of not more than 45 and not less than 25 members as follows: (a) The President shall appoint between 15 and 35 members of the Council and shall designate one of these members to Chair the Council and another member to serve as Vice Chairman.
The President of the Senate and the Speaker of the House of Representatives are each invited to designate five members of their respective Houses to serve as members of the Council. 1-2.
The Council shall recommend to the President and to the Secretary of the Interior ways to implement the approved recommendations of the President's Commission on the Holocaust: (a) the erection of a memorial museum, (b) the establishment of an educational and research foundation, and (c) the establishment of a Citizens Committee on Conscience. 1-202.
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
"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.
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.
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
Engages state and local partners in cooperative federalism programs.
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. 12,169 (Oct. 26, 1979), https://executiveordersarchive.org/orders/app-executive-order-12169-united-states-holocaust-memorial-council.