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Executive Order 12323 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 12323—Presidential Commission on Broadcasting to Cuba

Ronald Reagan Ronald Reagan
•
Tuesday, September 22, 1981
•
3 min read (543 words)

Executive Brief • At a Glance

⏱️ 3 min read (543 words) • ● In Effect
🎯 Primary Mandate

The Commission shall develop a recommended plan for radio broadcasting intended for transmission to Cuba.

View all 3 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Private Citizens & Property Owners
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Ronald Reagan on September 22, 1981, this order concerns Presidential Commission on Broadcasting to Cuba. There is established the Presidential Commission on Broadcasting to Cuba. (b) The Commission shall be composed of 11 members appointed by the President from among citizens of the United States. (c) The President shall designate one of the members to be the Chairman.

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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Functions

The Commission shall develop a recommended plan for radio broadcasting intended for transmission to Cuba.

▪
Administration

Members of the Commission who are not otherwise Government employees shall serve without any compensation for their work on the Commission.

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General

Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Uncategorized
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"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
40 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

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%).
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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
543
3,479 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.2
College Level
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (4 sections)
Sec. 1: EstablishmentSec. 2: FunctionsSec. 3: AdministrationSec. 4: General

By the authority vested in me as President by the Constitution of the United States of America, in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), and in order to create a commission to develop recommendations with respect to broadcasting of information and ideas to Cuba, it is hereby ordered as follows:

Section 1. #sec-1

Establishment. (a) There is established the Presidential Commission on Broadcasting to Cuba. (b) The Commission shall be composed of 11 members appointed by the President from among citizens of the United States. (c) The President shall designate one of the members to be the Chairman. (d) There shall be a three member Executive Committee of the Commission which shall be composed of the Chairman and two other members elected by the Commission.

Sec. 2. #sec-2

Functions. (a) The Commission shall develop a recommended plan for radio broadcasting intended for transmission to Cuba. The purpose of the plan shall be to promote open communication of information and ideas to Cuba and in particular broadcasting to the Cuban people of accurate information about Cuba. (b) The Commission shall examine issues related to effectively carrying out such a plan for radio broadcasting to Cuba. These shall include, but not be limited to, possible program content, information gathering, writing and editing needs, staffing requirements, legal structure for a broadcasting organization, proposed legislation, sample budgets, and the location, structure and function of possible broadcasting stations. (c) The Commission may conduct studies, inquiries, hearings, and meetings as it deems necessary. It may assemble and disseminate information, and issue reports and other publications. It may also coordinate, sponsor, or oversee projects, studies, events and other activities that it deems necessary or desirable for development of a recommended program of broadcasting to Cuba. (d) The Executive Committee may coordinate the work of the Commission and may act on behalf of the whole Commission. (e) The Commission shall submit its recommendations and final report to the President and the Secretary of State no later than October 1, 1982.

Sec. 3. #sec-3

Administration. (a) Members of the Commission who are not otherwise Government employees shall serve without any compensation for their work on the Commission. However, all members shall be entitled to travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5701-5707). (b) The heads of Executive agencies shall, to the extent permitted by law, provide the Commission such information and advice with respect to radio broadcasting to Cuba as the Commission may require for the purpose of carrying out its functions. (c) Expenses of the Commission shall be paid from funds available to the Secretary of State.

Sec. 4. #sec-4

General. (a) Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), which are applicable to the Commission, except that of reporting annually to the Congress, shall be performed by the Secretary of State in accordance with guidelines and procedures established by the Administrator of General Services. (b) The Commission shall terminate on October 1, 1982, or 60 days after submitting its final report, whichever is earlier. RONALD REAGAN The White House, September 22, 1981. [Filed with the Office of the Federal Register, 10 a.m., September 24, 1981]

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

References Executive Order 12399—Continuance of Certain Federal Advisory Committees
Ronald Reagan • 1982-12-31
Amends Executive Order 12366—Presidential Commission on Broadcasting to Cuba
Ronald Reagan • 1982-05-25
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Scholarly & Legal Citations 

Exec. Order No. 12,323 (Sept. 22, 1981), https://executiveordersarchive.org/orders/app-executive-order-12323-presidential-commission-broadcasting-cuba.