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Executive Order 13131 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 13131—Further Amendments to Executive Order 12757, Implementation of the Enterprise for the Americas Initiative

William J. Clinton William J. Clinton
•
Thursday, July 22, 1999
•
3 min read (561 words)
•
64 Fed. Reg. 40733

Executive Brief • At a Glance

⏱️ 3 min read (561 words) • ● Revoked
🎯 Primary Mandate

Section 3(b) is amended: (1) by buy striking "also" after "Enterprise for the Americas Board shall"; and (2) by inserting at the end of the section "The Enterprise for the Americas Board, as constituted pursuant to section 811 of the FAA, shall also advise the Secretary of State and the Administrator of the United States Agency for International Development on the Secretary's negotiation of Tropical Forest Agreements." (e) Section 3(c) is amended: (1) by striking "section 708(c)" after "the ATDA Act and", and inserting instead "sections 708(c) and 809(c)"; (2) by striking "and" after "environmental framework agreements" and inserting instead a comma (","); and (3) by inserting "and the Tropical Forest Agreements, respectively" after…

View all 3 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

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 July 22, 1999, this order concerns Further Amendments to Executive Order 12757, Implementation of the Enterprise for the Americas Initiative. Amendment of Executive Order 12757. Executive Order 12757, "Implementation of the Enterprise for the Americas Initiative," as amended by Executive Orders 12823 and 13028, is further amended as follows: (a) The Title is amended by adding at the end thereof "and the Tropical Forest Conservation Act of 1998".

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

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Section 3(b) is amended: (1) by buy striking "also" after "Enterprise for the Americas Board shall"; and (2) by inserting at the end of the section "The Enterprise for the Americas Board, as constituted pursuant to section 811 of the FAA, shall also advise the Secretary of State and the Administrator of the United States Agency for International Development on the Secretary's negotiation of Tropical Forest Agreements." (e) Section 3(c) is amended: (1) by striking "section 708(c)" after "the ATDA Act and", and inserting instead "sections 708(c) and 809(c)"; (2) by striking "and" after "environmental framework agreements" and inserting instead a comma (","); and (3) by inserting "and the Tropical Forest Agreements, respectively" after…

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Section 4(a) is amended by inserting at the end thereof "The two additional U.S. Government members of the Enterprise for the Americas Board appointed pursuant to section 811(b)(1)(A) of the FAA shall be a representative of the international Forestry Division of the United States Forest Service and a representative of the Council on Environmental Quality." (g) Section 4(c)(1) is amended by striking "section 708(c)(3)(C)" and inserting instead "sections 708(c)(3)(C) and 811(c)(3)".

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Section 4(d) is amended to read as follows: "(d) The five private nongovernmental organization members of the Board appointed pursuant to section 610(b)(1)(B) of the ATDA Act and the two additional members appointed pursuant to section 811(b)(1)(B) of the FAA shall be appointed by the President."

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

Policy Areas & Topics

🏷️ Energy & Environment
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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

"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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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.

🛡️ High Constitutional Concordance
28 / 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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
561
3,599 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
18.5
Post-Graduate Legal
Language Tone Score
+0.23
Constitutional Fidelity
How is this scored?
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Official Archival Text

View Source Document
📑Sections Outline (2 sections)
Sec. 1: Amendment of Executive Order 12757Sec. 2: Judicial Review

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agriculture Trade Development and Assistance Act of 1954 ("ATDA Act"), as amended, the Foreign Assistance Act of 1961 (FAA), as amended, the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1996 (Public Law 104-107), and the Tropical Forest Conservation Act of 1998 (Public Law 105-214), it is hereby ordered as follows:

Section 1. #sec-1

Amendment of Executive Order 12757. Executive Order 12757, "Implementation of the Enterprise for the Americas Initiative," as amended by Executive Orders 12823 and 13028, is further amended as follows: (a) The Title is amended by adding at the end thereof "and the Tropical Forest Conservation Act of 1998". (b) The Preamble is amended: (1) by striking the comma (",") after Public Law 101-624, and inserting instead "and"; and (2) by inserting "and Public Law 105-214" after "Public Law 102-549". (c) Section 1 is amended: (1) by striking "and" after "sections 703", and inserting instead a comma (","); (2) by inserting ", 805(b), 806(a), 807(a), 808(a)(1)(A), 808(a)(2), 812 and 813" after "704"; (3) by inserting "and the corresponding determinations required by section 805(b) of the FAA," after "FAA" the second time it appears; and (4) by inserting "sections 808(a)(1)(B) and (C), and 808(a)(4) of the FAA, and by" after "The functions vested in the President by" the second time it appears. (d) Section 3(b) is amended: (1) by buy striking "also" after "Enterprise for the Americas Board shall"; and (2) by inserting at the end of the section "The Enterprise for the Americas Board, as constituted pursuant to section 811 of the FAA, shall also advise the Secretary of State and the Administrator of the United States Agency for International Development on the Secretary's negotiation of Tropical Forest Agreements." (e) Section 3(c) is amended: (1) by striking "section 708(c)" after "the ATDA Act and", and inserting instead "sections 708(c) and 809(c)"; (2) by striking "and" after "environmental framework agreements" and inserting instead a comma (","); and (3) by inserting "and the Tropical Forest Agreements, respectively" after "Americas Framework Agreements". (f) Section 4(a) is amended by inserting at the end thereof "The two additional U.S. Government members of the Enterprise for the Americas Board appointed pursuant to section 811(b)(1)(A) of the FAA shall be a representative of the international Forestry Division of the United States Forest Service and a representative of the Council on Environmental Quality." (g) Section 4(c)(1) is amended by striking "section 708(c)(3)(C)" and inserting instead "sections 708(c)(3)(C) and 811(c)(3)". (h) Section 4(c)(2) is amended by striking "Part IV" and inserting instead "Parts IV and V". (i) Section 4(d) is amended to read as follows: "(d) The five private nongovernmental organization members of the Board appointed pursuant to section 610(b)(1)(B) of the ATDA Act and the two additional members appointed pursuant to section 811(b)(1)(B) of the FAA shall be appointed by the President."

Section 2. #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, agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton The White House, July 22, 1999. [Filed with the Office of the Federal Register, 12:20 p.m., July 26, 1999]

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Referenced By Later Executive Orders (1)

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

References Executive Order 13345—Assigning Foreign Affairs Functions and Implementing the Enterprise for the Americas Initiative and the Tropical Forest Conservation Act
George W. Bush • 2004-07-08
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Scholarly & Legal Citations 

Exec. Order No. 13,131, 64 Fed. Reg. 40,733 (July 22, 1999).