By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including section 3347 of title 5, United States Code, it is hereby ordered that Executive Order No. 11880 of October 2, 1975, as amended, is further amended as follows: A new section 2 of Executive Order No. 11880 shall be added to read: "The President may at any time, pursuant to law but without regard to the foregoing provisions of this order, direct that an officer, as defined in 5 U.S.C. 3347, and specified by the President shall act as Secretary of Commerce." The present section 2 of Executive Order No. 11880, as amended, shall be redesignated as section 3. William J. Clinton The White House, April 5, 1996. [Filed with the Office of the Federal Register, 12:27 p.m., April 8, 1996]
Executive Order 12998—Amendment to Executive Order No. 11880
Executive Brief • At a Glance
Executive Order No. 11880 of October 2, 1975, as amended, is further amended as follows: A new section 2 of Executive Order No. 11880 shall be added to read: "The President may at any time, pursuant to law but without regard to the foregoing provisions of this order, direct that an officer, as defined in 5 U.S.C. 3347, and specified by the President shall act as Secretary of Commerce." The present section 2 of Executive Order No. 11880, as amended, shall be redesignated as section 3.
Legal Status & Amendment History
RevokedThis order is no longer in effect according to the Federal Register's executive order disposition tables.
Actions on this order
- Revoked by EO 13242 (December 18, 2001)
What this order changed
- Amends EO 11880 (October 2, 1975)
Source: Office of the Federal Register executive order disposition notes. Orders before 1994 show only actions recorded by later orders.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President William J. Clinton on April 5, 1996, this order concerns Amendment to Executive Order No. 11880. Executive Order No. 11880 of October 2, 1975, as amended, is further amended as follows: A new section 2 of Executive Order No. 11880 shall be added to read: "The President may at any time, pursuant to law but without regard to the foregoing provisions of this order, direct that an officer, as defined in 5 U.S.C. 3347, and specified by the President shall act as Secretary of Commerce." The present section 2 of…
Key Directives & Operative Actions
Executive Order No. 11880 of October 2, 1975, as amended, is further amended as follows: A new section 2 of Executive Order No. 11880 shall be added to read: "The President may at any time, pursuant to law but without regard to the foregoing provisions of this order, direct that an officer, as defined in 5 U.S.C. 3347, and specified by the President shall act as Secretary of Commerce." The present section 2 of Executive Order No. 11880, as amended, shall be redesignated as section 3.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 12,998, 61 Fed. Reg. 15,873 (Apr. 5, 1996).