By the authority vested in me as President by the Constitution and laws of the United States of America, and having concluded that the ability of the United States to achieve the statutorily prescribed policy (35 U.S.C. 200) of using the patent system to promote the utilization of inventions arising from federally supported research or development requires that Federal agencies follow uniform policies in administering patents and licenses conceived or first reduced to practice during the course of federally funded research, Executive Order No. 12591 of April 10, 1987, is amended by redesignating Sections l(b) (5) and (6) as l(b) (6) and (7), respectively, and by adding a new Section l(b)(5) as follows: "(5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by Public Law 98-620, without regard to limitations on licensing found in that section prior to amendment or in Institutional Patent Agreements .now in effect that were entered into before that law was enacted on November 8, 1984, unless, in the case of an invention that has not been marketed, the funding agency determines, based on information in its files, that the contractor or grantee has not taken adequate steps to market the inventions, in accordance with applicable law or an Institutional Patent Agreement;". RONALD REAGAN The White House, December 22, 1987. [Filed with the Office of the Federal Register, 10:32 a.m., December 23, 1987]
Executive Order 12618 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 12618—Uniform Treatment of Federally Funded Inventions
Executive Brief • At a Glance
⏱️ 1 min read (254 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 12591 of April 10, 1987, is amended by redesignating Sections l(b) (5) and (6) as l(b) (6) and (7), respectively, and by adding a new Section l(b)(5) as follows: "(5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by Public Law 98-620, without regard to limitations on licensing found in that section prior to amendment or in Institutional Patent Agreements .now in effect that were entered into before that law was enacted on November 8, 1984, unless, in the case of an invention that has not been marketed, the funding agency determines, based on…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
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 December 22, 1987, this order concerns Uniform Treatment of Federally Funded Inventions. Executive Order No. 12591 of April 10, 1987, is amended by redesignating Sections l(b) (5) and (6) as l(b) (6) and (7), respectively, and by adding a new Section l(b)(5) as follows: "(5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by…
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
▪
Executive Order No. 12591 of April 10, 1987, is amended by redesignating Sections l(b) (5) and (6) as l(b) (6) and (7), respectively, and by adding a new Section l(b)(5) as follows: "(5) administer all patents and licenses to inventions made with federal assistance, which are owned by the non-profit contractor or grantee, in accordance with Section 202(c)(7) of Title 35 of the United States Code as amended by Public Law 98-620, without regard to limitations on licensing found in that section prior to amendment or in Institutional Patent Agreements .now in effect that were entered into before that law was enacted on November 8, 1984, unless, in the case of an invention that has not been marketed, the funding agency determines, based on…
Constitutional & Societal Entities Impacted
🏛️ Private Citizens & Property Owners
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 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
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: Defends Vigor & Dispatch
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.
⚖️ Discretionary Twilight Zone
47 / 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
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
Moderate Friction
Due Process & Individual Rights
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
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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
254
1,589 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
19.2
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 12591 Apr 10, 1987
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.44)
Executive Order 12591—Facilitating Access to Science and Technology
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The head of each Executive department and agency, to the extent permitted by law, shall encourage and facilitate collaboration among Federal laboratories, State and local governments, universities, and the private sector, particularly small business, in order to assist in the…
Ronald Reagan Post-Graduate Legal • 7m
EO 12620 Dec 24, 1987
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12620—Delegation of Authority With Respect to the Administration of Justice Program
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 12163, as amended, is further amended by inserting at the end of the first sentence of subsection 6 of Section 1-201, the following phrase: ", and all functions conferred by Section 534 of the Act."
Ronald Reagan High School • 1m
EO 12619 Dec 24, 1987
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12619—Half-Day Closing of Government Departments and Agencies on Thursday,
📜 Art. II §2: Commander-in-Chief Supervisory Authority
All Executive departments and agencies of the Federal Government shall be closed and their employees excused from duty for the last half of the scheduled workday on Christmas Eve, December 24, 1987, except as provided in Section 2 below. Sec. 2.
Ronald Reagan High School • 1m
EO 12617 Dec 17, 1987
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12617—President's Advisory Committee on Mediation and Conciliation
📜 Art. II §1: Executive Discretion & Internal Operations
Section 4(b) of Executive Order No. 12462 of February 17, 1984, as amended, is further amended to read: "The Committee shall terminate 60 days after the Committee submits its report to the President and the Director of the Federal Mediation and Conciliation Service, or no later…
Ronald Reagan College Level • 1m
EO 12621 Dec 29, 1987
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12621—President's Task Force on Market Mechanisms
📜 Art. II §1: Executive Discretion & Internal Operations
Section 2(b) of Executive Order 12614 of November 5, 1987, is amended to read: "The Task Force shall submit its recommendations to the President no later than January 8, 1988."
Ronald Reagan High School • 1m
EO 12622 Dec 31, 1987
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 12622—Adjustments of Certain Rates of Pay and Allowances
📜 Art. II §1: Executive Discretion & Internal Operations
The rates of basic pay and salaries of the following statutory pay systems are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Services Schedule (22 U.S.C. 3963) at Schedule 2; and (c)…
Ronald Reagan High School • 2m
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Scholarly & Legal Citations
Exec. Order No. 12,618 (Dec. 22, 1987), https://executiveordersarchive.org/orders/app-executive-order-12618-uniform-treatment-federally-funded-inventions.
