Executive Order 12868 Constitutional Neutral (+0.06)

Executive Order 12868—Measures To Restrict The Participation By United States Persons In Weapons Proliferation Activities

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Thursday, September 30, 1993

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2 min read (327 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President William J. Clinton on 1993-09-30, establishes federal administrative policy concerning "Measures To Restrict The Participation By United States Persons In Weapons Proliferation Activities." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

▪ 1601 et seq.), the Export Administration Act of 1979, as amended (50 U.S.C.

▪ Clinton, President of the United States of America, find that the proliferation of nuclear, biological and chemical weapons, and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.

▪ This order shall take effect immediately.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Foreign Nations & International Entities

Total Words

327

2,069 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

14.6

Post-Grad reading level

Constitutional Polarity

+0.06

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 12868, William J. Clinton (Sep 30, 1993). Available at https://executiveordersarchive.org/orders/app-executive-order-12868-measures-restrict-the-participation-united-states-persons-weapons.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), and section 301 of title 3 of the United States Code, I, William J. Clinton, President of the United States of America, find that the proliferation of nuclear, biological and chemical weapons, and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat. Accordingly, in light of the revocation of Executive Order No. 12730 of September 30, 1990, and in order to limit the participation by United States persons in weapons proliferation activities, it is hereby ordered as follows: Section 1. The Secretary of Commerce, in consultation with the Secretary of State, is hereby authorized and directed to take such actions, including the promulgation of rules, regulations, and amendments thereto, as may be necessary to continue to regulate the activities of United States persons in order to prevent their participation in activities that could contribute to the proliferation of weapons of mass destruction and the means of their delivery, as provided in the Export Administration Regulations, set forth at 15 Cfr sections 768-799 (1993). Sec. 2. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under the authority of the Export Administration Act, or the authorities provided under Executive Order No. 12730 of September 30, 1990, and Executive Order No. 12735 of November 16, 1990. Sec. 3. This order shall take effect immediately. William J. Clinton The White House, September 30, 1993.