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Executive Order 12608 Partially revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.26) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 12608—Elimination of Unnecessary Executive Orders and Technical Amendments to Others

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Wednesday, September 9, 1987
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11 min read (2,136 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,136 words) • ● Partially revoked
🎯 Primary Mandate

The following Executive Orders are revoked: 8744 Authorizing certain employees of the Government to acquire a classified civil service status 10880 Permitting certain employees to be given career or career conditional appointments 11377 Providing for Tariff Commission reports regarding the estimated consumption of certain brooms 11911 Providing for preservation of endangered species 12034 Providing for the appointment of former ACTION cooperative volunteers to the civilian career service 12295 Extending nuclear cooperation with EURATOM 12426 Establishing the President's Advisory Committee on Women's Business Ownership Notwithstanding the revocation of Executive Orders Nos. 8744, 10880, and 12034, benefits already conferred under these…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 9, 1987, this order concerns Elimination of Unnecessary Executive Orders and Technical Amendments to Others. The following Executive Orders are revoked: 8744 Authorizing certain employees of the Government to acquire a classified civil service status 10880 Permitting certain employees to be given career or career conditional appointments 11377 Providing for Tariff Commission reports regarding the estimated consumption of certain brooms 11911 Providing for preservation of endangered species 12034 Providing for the…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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The following Executive Orders are revoked: 8744 Authorizing certain employees of the Government to acquire a classified civil service status 10880 Permitting certain employees to be given career or career conditional appointments 11377 Providing for Tariff Commission reports regarding the estimated consumption of certain brooms 11911 Providing for preservation of endangered species 12034 Providing for the appointment of former ACTION cooperative volunteers to the civilian career service 12295 Extending nuclear cooperation with EURATOM 12426 Establishing the President's Advisory Committee on Women's Business Ownership Notwithstanding the revocation of Executive Orders Nos. 8744, 10880, and 12034, benefits already conferred under these…

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Each of the Executive Orders, as amended, listed in this section, and any other order that relates to functions or areas of responsibility delegated to the Office of Management and Budget, are amended by deleting the words "Bureau of the Budget" wherever they occur and inserting in lieu thereof "Office of Management and Budget", and by deleting the word "Bureau" and inserting in lieu thereof "Office" wherever the word "Bureau" is used as a reference to the Office of Management and Budget: 8248 10903 11044 9830 11012 11047 10582 11030 11060 10624 11034 11140 11480 Sec. 3.

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Executive Order No. 9979 is amended by revoking paragraph 1 and deleting the "2." introducing the remaining paragraph.

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Executive Order No. 10289, as amended, is further amended as follows: (a) In Section 1(c), by deleting the words "section 2 of the Act of August 18, 1914, c. 256, 38 Stat. 699 (46 U.S.C. 82)," and inserting in lieu thereof "section 1 of the Act of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C. 3101);" and by deleting the words "survey, inspection, and measurement of" and inserting in lieu thereof "the inspection of." (b) In Section l(d), by deleting the words "(46 U.S.C. 104)," and inserting in lieu thereof"(46 U.S.C. Appendix 104),"; (c) In Section l(e), by deleting the words "(46 U.S.C. 134)," and inserting in lieu thereof "(46 U.S.C. Appendix 134),"; (d) In Section l(f), by deleting the words "(46 U.S.C. 141),", "(46 U.S.C.…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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

"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: Strong Prerogative Support
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
55 / 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

High Friction

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

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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
2,136
13,230 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
12.9
High School
Language Tone Score
+0.26
Constitutional Fidelity
How is this scored?
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Official Archival Text

View Source Document

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to eliminate certain Executive Orders that are no longer necessary, and to make technical amendments in others to correct outdated agency references or obsolete legal citations, it is hereby ordered as follows:

Section 1. #sec-1

The following Executive Orders are revoked: 8744 Authorizing certain employees of the Government to acquire a classified civil service status 10880 Permitting certain employees to be given career or career conditional appointments 11377 Providing for Tariff Commission reports regarding the estimated consumption of certain brooms 11911 Providing for preservation of endangered species 12034 Providing for the appointment of former ACTION cooperative volunteers to the civilian career service 12295 Extending nuclear cooperation with EURATOM 12426 Establishing the President's Advisory Committee on Women's Business Ownership Notwithstanding the revocation of Executive Orders Nos. 8744, 10880, and 12034, benefits already conferred under these Executive Orders before revocation shall not be affected.

Sec. 2. #sec-2

Each of the Executive Orders, as amended, listed in this section, and any other order that relates to functions or areas of responsibility delegated to the Office of Management and Budget, are amended by deleting the words "Bureau of the Budget" wherever they occur and inserting in lieu thereof "Office of Management and Budget", and by deleting the word "Bureau" and inserting in lieu thereof "Office" wherever the word "Bureau" is used as a reference to the Office of Management and Budget: 8248 10903 11044 9830 11012 11047 10582 11030 11060 10624 11034 11140 11480

Sec. 3. #sec-3

Executive Order No. 9979 is amended by revoking paragraph 1 and deleting the "2." introducing the remaining paragraph.

Sec. 4. #sec-4

Executive Order No. 10289, as amended, is further amended as follows: (a) In Section 1(c), by deleting the words "section 2 of the Act of August 18, 1914, c. 256, 38 Stat. 699 (46 U.S.C. 82)," and inserting in lieu thereof "section 1 of the Act of August 26, 1985, Public Law 98-89, 97 Stat. 510 (46 U.S.C. 3101);" and by deleting the words "survey, inspection, and measurement of" and inserting in lieu thereof "the inspection of." (b) In Section l(d), by deleting the words "(46 U.S.C. 104)," and inserting in lieu thereof"(46 U.S.C. Appendix 104),"; (c) In Section l(e), by deleting the words "(46 U.S.C. 134)," and inserting in lieu thereof "(46 U.S.C. Appendix 134),"; (d) In Section l(f), by deleting the words "(46 U.S.C. 141),", "(46 U.S.C. 121)," and "(46 U.S.C. 146)," and inserting in lieu thereof "(46 U.S.C. Appendix 141)," "(46 U.S.C. Appendix 121)," and "(46 U.S.C. Appendix 146),"; (e) By revoking Sections l(g) and l(j), and renumbering Sections l(h) and l(i) as Sections l(g) and l(h), respectively; (f) Adding a new subsection (i) to Section l: "(i) The authority vested in the President by Section 5318 of the Revised Statutes, as amended (19 U.S.C. 540), to employ suitable vessels other than Coast Guard cutters in the execution of laws providing for the collection of duties on imports and tonnage;" (g) In Section 2(e), by deleting the words "exclusive of the territory and waters of the Canal Zone"; and (h) By revoking Section 2(f).

Sec. 5. #sec-5

Part V of Executive Order No. 10530, as amended, is further amended as follows: (a) By deleting the words "Administrator of General Services" wherever they appear and inserting in lieu thereof "Archivist of the United States"; (b) By deleting the words "(44 U.S.C. 305(a))" and inserting in lieu thereof "(44 U.S.C. 1505(a)),"; (c) By deleting the words "(44 U.S.C. 306; 311(a); and 311(f))," and inserting in lieu thereof "(44 U.S.C. 1506; 1510(a) and 1510(f)),"; (d) Adding the words "(44 U.S.C. 1505(b))," following the words "section 5(b) of the act,"; (e) Adding the words "(44 U.S.C. 1510(a))," following the words "in the said section 11(a),"; and (f) Adding the words "(44 U.S.C. 1510)", following the words "provisions of section 11".

Sec. 6. #sec-6

Executive Order No. 10608 is amended by deleting the words "Foreign Service Act of 1946 (60 Stat. 999)" and inserting in lieu thereof "Foreign Service Act of 1980 (94 Stat. 2071)".

Sec. 7. #sec-7

Executive Order No. 10624, as amended, is further amended as follows: (a) In the preamble, by deleting the words "sections 602(d), 603, and 605 of Title VI of the Act of August 28, 1954, 68 Stat. 908, 909" and inserting in lieu thereof "sections 605, 606B and 606D of Title VI of the Act of August 28, 1954, as amended, (7 U.S.C. 1765, 1766a, and 1766c)"; and (b) In Section l(a), by deleting the words "The provisions of Part II—Procedures for Coordination Abroad—of Executive Order No. 10575 of November 6, 1954," and inserting in lieu thereof "The provisions of section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)".

Sec. 8. #sec-8

Executive Order No. 10840, as amended, is further amended by replacing the first paragraph and the provisions it presents with the following: "Whereas the Assignment of Claims Act of 1940 (54 Stat. 1029), as amended by the Act of September 13, 1982, 96 Stat. 976 (31 U.S.C. 3727), contains the following provisions: "During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law, a contract with the Department of Defense, the General Services Administration, the Department of Energy (when carrying out duties and powers formerly carried out by the Atomic Energy Commission), or other agency the President designates may provide, or may be changed without consideration to provide, that a future payment under the contract to an assignee is not subject to reduction or setoff. A payment subsequently due under the contract (even after the war or emergency is ended) shall be paid to the assignee without a reduction or setoff for liability of the assignor- (l) to the Government independent of the contract; or (2) because of renegotiation, fine, penalty (except an amount that may be collected or withheld under, or because the assignor does not comply with, the contract), taxes, social security contributions, or withholding or failing to withhold taxes or social security contributions, arising from, or independent of, the contract. "An assignee under this section does not have to make restitution of, refund, or repay the amount received because of the liability of the assignor to the Government that arises from or is independent of, the contract. "The Government may not collect or reclaim money paid to a person receiving an amount under an assignment or allotment of pay or allowances authorized by law when liability may exist because of the death of the person making the assignment or allotment."

Sec. 9. #sec-9

Sections 2(a) and 2(b) of Executive Order No. 10841, as amended, are further amended by deleting the words "Atomic Energy Commission" and inserting in lieu thereof "Secretary of Energy".

Sec. 10. #sec-10

Executive Order No. 11023 is amended by deleting the words "Coast and Geodetic Survey" except in citing the "Coast and Geodetic Survey Commissioned Officers Act of 1948", and inserting in lieu thereof "National Oceanic and Atmospheric Administration".

Sec. 11. #sec-11

Executive Order No. 11030, as amended, is further amended as follows: (a) In Section 2(c), by deleting the words "National Archives and Records Service, General Services Administration" and inserting in lieu thereof "National Archives and Records Administration"; (b) In Section 5, by deleting the words "44 U.S.C. 312" and inserting in lieu thereof "44 U.S.C. 1511"; (c) In Section 6, by deleting the words "44 U.S.C. 305(a)" and inserting in lieu thereof"44 U.S.C. 1505(a)".

Sec. 12. #sec-12

Executive Order Nos. 11034 and 12048 are amended by deleting the words "Health, Education, and Welfare" wherever they appear and inserting in lieu thereof" Education".

Sec. 13. #sec-13

Executive Order No. 11047 and any other Executive order that relates to functions or areas of responsibility delegated to the Federal Aviation Administration are amended by deleting the words "Federal Aviation Agency" and "Agency" wherever they appear and inserting in lieu thereof "Federal Aviation Administration" and "Administration".

Sec. 14. #sec-14

Executive Order No. 11077, as amended, is further amended as follows: (a) By deleting the second sentence in Section l(b); (b) By deleting the words "the Department of Health, Education, and Welfare, and of" in Section 1(c); (c) By revoking Section 2; (d) By renumbering Sections 3, 4, 5, 6, and 7 as Sections 2, 3, 4, 5, and 6 respectively; and (e) By deleting in renumbered Sections 2(a) and 2(b), the words "and the Secretary of Health, Education, and Welfare may each" and inserting in lieu thereof "may".

Sec. 15. #sec-15

Each of the Executive Orders, as amended, listed in this Section and any other order that relates to functions or areas of responsibility delegated to the Department of Health and Human Services, is amended and revised by deleting the words "Department of Health, Education, and Welfare" wherever they occur and inserting in lieu thereof "Department of Health and Human Services", and by deleting the words "Secretary of Health, Education, and Welfare" wherever they appear and inserting in lieu thereof "Secretary of Health and Human Services": 11079 11609 12049 11140 11623 12086 11157 11687 12138 11480 11776 12146 11490 11800 12154 11583 11899 12196 12208

Sec. 16. #sec-16

Executive Order No. 11390, as amended, is further amended as follows: (a) By revoking Section 1(1); (b) By revoking Section 1(7); and (c) In Section 1(4), by deleting the words "by sections 565, 599, 3450, and 8450" and inserting in lieu thereof "by sections 565 and 599".

Sec. 17. #sec-17

Executive Order No. 11440, as amended, is further amended by deleting the words "Administrator of General Services" and the word "Administrator" wherever they appear, and inserting in lieu thereof "Archivist of the United States" and "Archivist".

Sec. 18. #sec-18

Section 2 of Executive Order No. 11467 is amended by deleting the words "Secretary of the Interior" and inserting the words "Secretary of Commerce".

Sec. 19. #sec-19

Executive Order No. 11561, as amended, is amended by deleting the words "Foreign Service Act of 1946" and inserting in lieu thereof "Foreign Service Act of 1980".

Sec. 20. #sec-20

Executive Order No. 11580 is amended by deleting the words "Administrator of the National Credit Union Administration" and inserting in lieu thereof "National Credit Union Administration Board" in the first paragraph.

Sec. 21. #sec-21

Section 7 of Executive Order No. 11644, as amended, is further amended by deleting the words "Atomic Energy Commission " and inserting in lieu thereof "Secretary of Energy and the Nuclear Regulatory Commission".

Sec. 22. #sec-22

Executive Order No. 11747 is amended by revoking Section I and deleting the words "Sec. 2.".

Sec. 23. #sec-23

Section l(a) of Executive Order No. 11755 is amended by adding the words "the Commonwealth of the Northern Mariana Islands," after the words "American Samoa," wherever they appear.

Sec. 24. #sec-24

Section 4 of Executive Order No. 11758, as amended, is further amended by deleting the words "Federal Procurement Regulations, the Armed Services Procurement Regulations," and inserting in lieu thereof "Federal Acquisition Regulations".

Sec. 25. #sec-25

Executive Order No. 11845 is amended as follows: (a) By inserting, after the words "88 Stat. 332,", the words "(2 U.S.C. 681 et seq.),"; (b) By inserting, after the words "section 1012 or 1013", the words "(2 U.S.C. 683 and 684)"; and (c) By inserting, after the words "section 1014(e) of the Act", the words "(2 U.S.C. 685(e))".

Sec. 26. #sec-26

Executive Order No. 11880 is amended by deleting the words "Under Secretary of Commerce" and inserting in lieu thereof "Deputy Secretary of Commerce".

Sec. 27. #sec-27

Executive Order No. 11899, as amended, is further amended by deleting the words "(88 Stat. 2210, 25 U.S.C. 450 (i))," and inserting in lieu thereof "(88 Stat. 2210, 25 U.S.C. 450 i),".

Sec. 28. #sec-28

Section 6 of Executive Order No. 11990 is amended by deleting the words "and the Water Resources Council".

Sec. 29. #sec-29

Executive Order No. 12101 is amended by deleting the words "Sections 4 and 6 of the Diplomatic Relations Act (92 Stat. 809; 22 U.S.C. 254c and 254e)" and inserting in lieu thereof "Section 4 of Diplomatic Relations Act (92 Stat. 809; 22 U.S.C. 254c)."

Sec. 30. #sec-30

Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by revoking paragraphs (23) and (24), and by renumbering paragraphs (25), (26), (27), and (28) as paragraphs (23), (24), (25), and (26) respectively.

Sec. 31. #sec-31

Executive Order No. 12322 is amended by deleting the words "Principles and Standards for Water and Related Land Resources Planning (Part 711 of Title 18 of the Code of Federal Regulations (45 F.R. 64366))," and inserting in lieu thereof "Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies".

Sec. 32. #sec-32

Executive Order No. 12328 is amended by deleting the words "(25 CFR 251.5 and 252.31)" and inserting in lieu thereof "(25 CFR 140.5 and 141.31)". RONALD REAGAN The White House, September 9, 1987. [Filed with the Office of the Federal Register, 12:24 p.m., September 10, 1987]

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 12,608 (Sept. 9, 1987), https://executiveordersarchive.org/orders/app-executive-order-12608-elimination-unnecessary-executive-orders-and-technical-amendments.