LEVELS IV AND V OF THE EXECUTIVE SCHEDULE By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, in order to delete two positions from and add one position to level IV of the Executive Schedule, Section 1-101 of Executive Order No. 12154, as amended, is hereby further amended as follows: 1-101. In subsection (a) delete "Senior Adviser to the Secretary, Department of State" and substitute therefor "Counselor to the Secretary, Department of the Treasury". 1-102. In subsection (d) delete "Special Assistant to the Special Representative for Trade Negotiations, Office of the Special Representative for Trade Negotiations." JIMMY CARTER The White House, September 3, 1980. [Filed with the Office of the Federal Register, 10:59 a.m., September 4, 1980]
Executive Order 12236 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 12236—Executive Schedule
Executive Brief • At a Glance
⏱️ 1 min read (133 words) •
● In Effect
🎯 Primary Mandate
By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, in order to delete two positions from and add one position to level IV of the Executive Schedule, Section 1-101 of Executive Order No. 12154, as amended, is hereby further amended as follows: 1-101.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities
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 September 4, 1980, this order concerns Executive Schedule. By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, in order to delete two positions from and add one position to level IV of the Executive Schedule, Section 1-101 of Executive Order No. 12154, as amended, is hereby further amended as follows: 1-101.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, in order to delete two positions from and add one position to level IV of the Executive Schedule, Section 1-101 of Executive Order No. 12154, as amended, is hereby further amended as follows: 1-101.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Financial Institutions & Monetary Authorities
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
"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.
Hamiltonian Stance: Supportive of Execution
GM
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.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
🛡️ High Constitutional Concordance
28 / 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
Moderate Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
133
826 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
12.7
High School
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 12154 Amended Sep 4, 1979
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12154—Executive Schedule
📜 Art. II §2: Commander-in-Chief Supervisory Authority
1-1. Executive Schedule Positions. 1-101. The following positions are placed in level IV of the Executive Schedule: (a) Senior Adviser to the Secretary, Department of State. (b) Deputy Under Secretary for International Labor Affairs, Department of Labor.
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EO 12237 Sep 4, 1980
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12237—Executive Schedule
📜 Art. II §1: Executive Discretion & Internal Operations
By the authority vested in me as President of the United States of America by Section 5317 of Title 5 of the United States Code, in order to place two new Deputy Under Secretary positions in level V of the Executive Schedule, Section 1102 of Executive Order No. 12154, as…
Jimmy Carter College Level • 1m
EO 12235 Sep 3, 1980
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.29)
Executive Order 12235—Management of Natural Gas Supply Emergencies
📜 Art. II §3: Faithful Execution of Statutory Law
1-101. The functions vested in the President by Sections 301 through 304 (c) of the Natural Gas Policy Act of 1978 (92 Stat. 3381-3387; 15 U.S.C. 33613364(c)) are delegated to the Secretary of Energy; except for the authority to declare, extend, and terminate a natural gas…
Jimmy Carter High School • 1m
EO 12234 Sep 3, 1980
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.23)
Executive Order 12234—Enforcement of the Convention for the Safety of Life at Sea
📜 10th Amend: Intergovernmental Federalism Cooperation
1-101. The International Convention for the Safety of Life at Sea, 1974, signed at London on November 1, 1974, and proclaimed by the President of the United States on January 28, 1980 (TIAS 9700), entered into force for the United States on May 25, 1980. 1-102.
Jimmy Carter College Level • 2m
EO 12233 Sep 1, 1980
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12233—Amendments to the Manual for Courts-Martial, United States, 1969 (Revised Edition)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 12198 is amended as follows: 1-101. Rule 506(j) in the Table of Contents to the Military Rules of Evidence is amended by deleting "claim or privilege" and substituting therefor "claim of privilege" in the first line. 1-102.
Jimmy Carter Post-Graduate Legal • 4m
EO 12238 Sep 12, 1980
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12238—International Maritime Satellite Organization
📜 Art. II §1: Executive Discretion & Internal Operations
By the authority vested in me by Section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288), and having found that the United States participates in the International Maritime Satellite Organization pursuant to Title V of the Communications…
Jimmy Carter College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 12,236 (Sept. 4, 1980), https://executiveordersarchive.org/orders/app-executive-order-12236-executive-schedule.
