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Executive Orders Historical Archive
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Executive Order 13050 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.60) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 13050—President's Advisory Board on Race

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Friday, June 13, 1997
•
3 min read (530 words)
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62 Fed. Reg. 32987

Executive Brief • At a Glance

⏱️ 3 min read (530 words) • ● Revoked
🎯 Primary Mandate

The Advisory Board shall advise the President on matters involving race and racial reconciliation, including ways in which the President can: (1) Promote a constructive national dialogue to confront and work through challenging issues that surround race; (2) Increase the Nation's understanding of our recent history of race relations and the course our Nation is charting on issues of race relations and racial diversity; (3) Bridge racial divides by encouraging leaders in communities throughout the Nation to develop and implement innovative approaches to calming racial tensions; (4) Identify, develop, and implement solutions to problems in areas in which race has a substantial impact, such as education, economic opportunity, housing, health…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Foreign Nations & International Entities

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 June 13, 1997, this order concerns President's Advisory Board on Race. There is established the President's Advisory Board on Race. The Advisory Board shall comprise 7 members from outside the Federal Government to be appointed by the President. Members shall each have substantial experience and expertise in the areas to be considered by the Advisory Board. Members shall be representative of the diverse perspectives in the areas to be considered by the Advisory Board.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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Functions

The Advisory Board shall advise the President on matters involving race and racial reconciliation, including ways in which the President can: (1) Promote a constructive national dialogue to confront and work through challenging issues that surround race; (2) Increase the Nation's understanding of our recent history of race relations and the course our Nation is charting on issues of race relations and racial diversity; (3) Bridge racial divides by encouraging leaders in communities throughout the Nation to develop and implement innovative approaches to calming racial tensions; (4) Identify, develop, and implement solutions to problems in areas in which race has a substantial impact, such as education, economic opportunity, housing, health…

▪
Administration

To the extent permitted by law and subject to the availability of appropriations, the Department of Justice shall provide the financial and administrative support for the Advisory Board.

▪
General

Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, that are applicable to the Advisory Board shall be performed by the Attorney General, or his or her designee, in accordance with guidelines that have been issued by the Administrator of General Services.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

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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)
§

"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

"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: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

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
530
3,357 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
16.2
Post-Graduate Legal
Language Tone Score
+0.60
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to establish a President's Advisory Board on Race, it is hereby ordered as follows:

Section 1. #sec-1

Establishment. (a) There is established the President's Advisory Board on Race. The Advisory Board shall comprise 7 members from outside the Federal Government to be appointed by the President. Members shall each have substantial experience and expertise in the areas to be considered by the Advisory Board. Members shall be representative of the diverse perspectives in the areas to be considered by the Advisory Board. (b) The President shall designate a Chairperson from among the members of the Advisory Board.

Sec. 2. #sec-2

Functions. (a) The Advisory Board shall advise the President on matters involving race and racial reconciliation, including ways in which the President can: (1) Promote a constructive national dialogue to confront and work through challenging issues that surround race; (2) Increase the Nation's understanding of our recent history of race relations and the course our Nation is charting on issues of race relations and racial diversity; (3) Bridge racial divides by encouraging leaders in communities throughout the Nation to develop and implement innovative approaches to calming racial tensions; (4) Identify, develop, and implement solutions to problems in areas in which race has a substantial impact, such as education, economic opportunity, housing, health care, and the administration of justice. (b) The Advisory Board also shall advise on such other matters as from time to time the President may refer to the Board. (c) In carrying out its functions, the Advisory Board shall coordinate with the staff of the President's Initiative on Race.

Sec. 3. #sec-3

Administration. (a) To the extent permitted by law and subject to the availability of appropriations, the Department of Justice shall provide the financial and administrative support for the Advisory Board. (b) The heads of executive agencies shall, to the extent permitted by law, provide to the Advisory Board such information as it may require for the purpose of carrying out its functions. (c) The Chairperson may, from time to time, invite experts to submit information to the Advisory Board and may form subcommittees or working groups within the Advisory Board to review specific matters. (d) Members of the Advisory Board shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).

Sec. 4. #sec-4

General. (a) Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, that are applicable to the Advisory Board shall be performed by the Attorney General, or his or her designee, in accordance with guidelines that have been issued by the Administrator of General Services. (b) The Advisory Board shall terminate on September 30, 1998, unless extended by the President prior to such date. William J. Clinton The White House, June 13, 1997. [Filed with the Office of the Federal Register, 12:17 p.m., June 16, 1997]

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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. 13,050, 62 Fed. Reg. 32,987 (June 13, 1997).