By the authority vested in me as President by the Constitution and laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), in order to take steps additional to those set forth in Executive Order No. 12532 of September 9, 1985, to deal with the unusual and extraordinary threat to the foreign policy and economy of the United States referred to in that Order, and in view of the continuing nature of that emergency, the recommendations made by the United Nations Security Council in Resolution No. 569 of July 26, 1985, and the completion of consultations by the Secretary of State and the United States Trade Representative directed by Section 5(a) of Executive Order No. 12532, it is hereby ordered that the importation into the United States of South African Krugerrands is prohibited effective 12:01 a.m. Eastern Daylight Time October 11, 1985. The Secretary of the Treasury is authorized to promulgate such rules and regulations as may be necessary to carry out this prohibition. RONALD REAGAN The White House, October 1, 1985. [Filed with the Office of the Federal Register, 4:45 p.m., October 1, 1985]
Executive Order 12535 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 12535—Prohibition of the Importation of the South African Krugerrand
Executive Brief • At a Glance
⏱️ 1 min read (194 words) •
● In Effect
🎯 Primary Mandate
The importation into the United States of South African Krugerrands is prohibited effective 12:01 a.m.
⚖️ 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 Foreign Nations & International Entities 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 Ronald Reagan on October 1, 1985, this order concerns Prohibition of the Importation of the South African Krugerrand. The importation into the United States of South African Krugerrands is prohibited effective 12:01 a.m. Eastern Daylight Time October 11, 1985. The Secretary of the Treasury is authorized to promulgate such rules and regulations as may be necessary to carry out this prohibition.
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
▪
The importation into the United States of South African Krugerrands is prohibited effective 12:01 a.m.
▪
The Secretary of the Treasury is authorized to promulgate such rules and regulations as may be necessary to carry out this prohibition.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Sovereign State Governments & Localities
🏛️ Foreign Nations & International Entities
🏛️ 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
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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
45 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
High Friction
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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 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%).
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
194
1,173 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
12.1
High School
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
References Executive Order 12769—Implementation of Section 311(a) of the Comprehensive Anti-Apartheid Act
George Bush • 1991-07-10
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 12532 Sep 9, 1985
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.54)
Executive Order 12532—Prohibiting Trade and Certain Other Transactions Involving South Africa
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The National Emergencies Act (50 U.S.C. 1601 et seq.), the Foreign Assistance Act (22 U.S.C. 2151 et seq.), the United Nations Participation Act (22 U.S.C. 287), the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export Administration Act (50 U.S.C. App. 2401 et seq.)…
Ronald Reagan Post-Graduate Legal • 9m
EO 12534 Sep 30, 1985
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12534—Continuance of Certain Federal Advisory Committees
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Each advisory committee listed below is continued until September 30, 1987: (a) Advisory Committee on Small and Minority Business Ownership; Executive Order No. 12190 (Small Business Administration).
Ronald Reagan High School • 3m
EO 12533 Sep 30, 1985
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12533—President's Advisory Committee on Mediation and Conciliation
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 12462, as amended, is further amended as follows: Section i is amended by deleting the word "twelve" and inserting in its place the word "thirteen" and by adding the following sentence at the end thereof: "The members of the Committee other than the Chairman…
Ronald Reagan College Level • 1m
EO 12536 Oct 9, 1985
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12536—Board of the Foreign Service
📜 Art. II §1: Executive Discretion & Internal Operations
Section 9(e) of Executive Order No. 12293, as amended, relating to the appointment of the Chairman of the Board of the Foreign Service, is revoked, and that Section 9(f) of that Order is redesignated as Section 9(e).
Ronald Reagan High School • 1m
EO 12537 Oct 28, 1985
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12537—President's Foreign Intelligence Advisory Board
📜 5th Amend: Regulatory Execution with Due Process
There is hereby established within the White House Office, Executive Office of the President, the President's Foreign Intelligence Advisory Board (the "Board").
Ronald Reagan College Level • 3m
EO 12531 Aug 30, 1985
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12531—Establishing an Emergency Board To Investigate a Dispute Between the United Transportation Union and Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference
📜 Art. II §1: Executive Discretion & Internal Operations
There is hereby established, effective August 30, 1985, a board of three members to be appointed by the President to investigate this dispute. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Ronald Reagan High School • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 12,535 (Oct. 1, 1985), https://executiveordersarchive.org/orders/app-executive-order-12535-prohibition-the-importation-the-south-african-krugerrand.
