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Executive Orders Historical Archive
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Executive Order 13062 Superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 13062—Continuance of Certain Federal Advisory Committees and Amendments to Executive Orders 13038 and 13054

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Monday, September 29, 1997
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3 min read (659 words)
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62 Fed. Reg. 51755

Executive Brief • At a Glance

⏱️ 3 min read (659 words) • ● Superseded
🎯 Primary Mandate

Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants 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 William J. Clinton on September 29, 1997, this order concerns Continuance of Certain Federal Advisory Committees and Amendments to Executive Orders 13038 and 13054. Each advisory committee listed below is continued until September 30, 1999. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (c) National Partnership Council; Executive Order 12871, as amended (Office of Personnel Management).

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior).

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Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor).

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National Partnership Council; Executive Order 12871, as amended (Office of Personnel Management).

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President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management).

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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)
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"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

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
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
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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
659
4,555 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
17.5
Post-Graduate Legal
Language Tone Score
+0.23
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, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. #sec-1

Each advisory committee listed below is continued until September 30, 1999. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (c) National Partnership Council; Executive Order 12871, as amended (Office of Personnel Management). (d) President's Advisory Commission on Education Excellence for Hispanic Americans; Executive Order 12900 (Department of Education). (e) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 12876 (Department of Education). (f) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President's Committee of Advisors on Science and Technology; Executive Order 12882 (Office of Science and Technology Policy). (h) President's Committee of the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (i) President's Committee on the International Labor Organization; Executive Order 12216 (Department of Labor). (j) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (k) President's Committee on Mental Retardation; Executive Order 12994 (Department of Health and Human Services). (l) President's Council on Physical Fitness and Sports; Executive Order 12345, as amended (Department of Health and Human Services). (m) President's Export Council; Executive Order 12131, as amended (Department of Commerce). (n) President's National Security Telecommunications Advisory Committee; Executive Order 12832, as amended (Department of Defense). (o) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative).

Sec. 2. #sec-2

Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services.

Sec. 3. #sec-3

The following Executive orders which established committees that have terminated and whose work is completed, are revoked: (a) Executive Order 12891, establishing the Advisory Committee on Human Radiation Experiments; (b) Executive Order 12964, as amended by Executive Orders 12987 and 13032, establishing the Commission on United States-Pacific Trade and Investment Policy; (c) Executive Order 12946, establishing the President's Advisory Board on Arms Proliferation Policy; (d) Executive Order 12864, as amended by Executive Orders 12890, 12921, and 12970, establishing the United States Advisory Council on the National Information Infrastructure; and (e) Executive Order 13015, establishing the White House Commission on Aviation Safety and Security.

Sec. 4. #sec-4

Executive Order 12974 is superseded. Sec. 5 In Executive Order 13038, the second sentence of section 1 is amended by deleting "15" and inserting "22" in lieu thereof.

Sec. 6. #sec-6

Executive Order 13054 is amended by revising section 1 to read as follows: "A United States citizen who is a family member of a Federal civilian employee who has separated from Federal service to accept employment with the American Institute in Taiwan pursuant to section 11 of Public Law 96-8 (22 U.S.C. 3310(a)) may be appointed noncompetitively in a manner similar to noncompetitive appointments under Executive Order 12721 and implementing regulations of the Office of Personnel Management to a competitive service position in the executive branch, provided such family member meets the qualifications and other requirements established by the Director of the Office of Personnel Management, including an appropriate period of satisfactory overseas employment with the American Institute in Taiwan."

Sec. 7. #sec-7

This order shall be effective September 30, 1997. William J. Clinton The White House, September 29, 1997. [Filed with the Office of the Federal Register, 8:45 a.m., October 1, 1997]

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 13,062, 62 Fed. Reg. 51,755 (Sept. 29, 1997).