Executive Order 13028 Constitutional Fidelity (+0.23)

Executive Order 13028—Further Amendments to Executive Order No. 12757—Implementation of the Enterprise for the Americas Initiative

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Tuesday, December 3, 1996

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2 min read (366 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 1996-12-03, establishes federal administrative policy concerning "Further Amendments to Executive Order No. 12757—Implementation of the Enterprise for the Americas Initiative." 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

▪ 12757, "Implementation of the Enterprise for the Americas Initiative," as amended by Executive Order No.

▪ 12823, is further amended as follows: (a) The Preamble is amended: (1) by striking "and" after "Public Law 102-237"; and (2) by inserting ", and section 571 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 ("Public Law 104-107")" after "Public Law 102-549".

▪ The functions vested in the President by section 571(a)(2), (c) and (d) of Public Law 104-107 are also delegated to the Secretary, who shall exercise such functions in accordance with recommendations of the Council and in consultation with the Secretary of State" after "State" the first time it appears.

▪ Any references in this order to section 571, or any subsection of section 571, of Public Law 104-107 shall be deemed to include references to any hereinafter-enacted provision of law that is the same or substantially the same as such section 571 or any subsection thereof." Sec.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities

Total Words

366

2,252 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

14.7

Post-Grad reading level

Constitutional Polarity

+0.23

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 13028, William J. Clinton (Dec 3, 1996). Available at https://executiveordersarchive.org/orders/app-executive-order-13028-further-amendments-executive-order-no-12757-implementation-the.

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 the Agricultural Trade Development and Assistance Act of 1954, as amended, the Foreign Assistance Act of 1961, as amended, and the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107), it is hereby ordered as follows: Section 1. Amendment of Executive Order No. 12757. Executive Order No. 12757, "Implementation of the Enterprise for the Americas Initiative," as amended by Executive Order No. 12823, is further amended as follows: (a) The Preamble is amended: (1) by striking "and" after "Public Law 102-237"; and (2) by inserting ", and section 571 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 ("Public Law 104-107")" after "Public Law 102-549". (b) Section 1 is amended: (1) by striking "and" after "ATDA Act" the first time it appears, and inserting instead a comma (","); (2) by inserting ", and section 571(a)(1) of Public Law 104-107" after "FAA" the first time it appears; and (3) by inserting ". The functions vested in the President by section 571(a)(2), (c) and (d) of Public Law 104-107 are also delegated to the Secretary, who shall exercise such functions in accordance with recommendations of the Council and in consultation with the Secretary of State" after "State" the first time it appears. (c) Section 6 is redesignated as Section 7. (d) A new Section 6 is added as follows: "Sec. 6. Any references in this order to section 571, or any subsection of section 571, of Public Law 104-107 shall be deemed to include references to any hereinafter-enacted provision of law that is the same or substantially the same as such section 571 or any subsection thereof." Sec. 2. Judicial Review. This order is intended only to improve the internal management of the Federal Government, and is not intended to create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton The White House, December 3, 1996. [Filed with the Office of the Federal Register, 9:49 a.m., December 4, 1996]