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Executive Orders Historical Archive
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Executive Order 13316 Partially superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 13316—Continuance of Certain Federal Advisory Committees

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Wednesday, September 17, 2003
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3 min read (662 words)
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68 Fed. Reg. 55255

Executive Brief • At a Glance

⏱️ 3 min read (662 words) • ● Partially superseded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. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President George W. Bush on September 17, 2003, this order concerns Continuance of Certain Federal Advisory Committees. Each advisory committee listed below is continued until September 30, 2005. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; Section 3 of Executive Order 13231, as amended (Department of Homeland Security).

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

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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National Infrastructure Advisory Council; Section 3 of Executive Order 13231, as amended (Department of Homeland Security).

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

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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 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
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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

"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: Supportive of Execution
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
662
4,592 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
15.5
College Level
Language Tone Score
+0.23
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (6 sections)

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, 2005. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; Section 3 of Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 13256 (Department of Education). (e) President's Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (f) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President's Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President's Committee on the International Labor Organization; Executive Order 12216, as amended (Department of Labor). (i) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (j) President's Council on Bioethics; Executive Order 13237 (Department of Health and Human Services). (k) President's Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (l) President's Export Council; Executive Order 12131, as amended (Department of Commerce). (m) President's National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (n) 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 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, or sections thereof, which established committees that have terminated or whose work is completed, are revoked: (a) Sections 5 through 7 of Executive Order 13111, as amended by Executive Order 13188 and Section 3(a) of Executive Order 13218, pertaining to the establishment of the Advisory Committee on Expanding Training Opportunities; (b) Executive Order 12975, as amended by Executive Orders 13018, 13046, and 13137, establishing the National Bioethics Advisory Commission; (c) Executive Order 13227, as amended by Executive Order 13255, establishing the President's Commission on Excellence in Special Education; (d) Executive Order 13278, establishing the President's Commission on the United States Postal Service; (e) Executive Order 13210, establishing the President's Commission to Strengthen Social Security; (f) Sections 5 through 8 of Executive Order 13177, pertaining to the establishment of the President's Council on the Use of Offsets in Commercial Trade; (g) Executive Order 13263, establishing the President's New Freedom Commission on Mental Health; (h) Executive Order 13214, establishing the President's Task Force to Improve Health Care Delivery for Our Nation's Veterans; and (i) Executive Order 13147, as amended by Executive Order 13167, establishing the White House Commission on Complementary and Alternative Medicine Policy.

Sec. 4. #sec-4

Executive Order 13225 is superseded.

Sec. 5. #sec-5

Section 1–102(a) of Executive Order 12131, as amended, is further amended to read as follows: "(a) The heads of the following executive agencies or their representatives: (1) Department of State. (2) Department of the Treasury. (3) Department of Agriculture. (4) Department of Commerce. (5) Department of Labor. (6) Department of Energy. (7) Department of Homeland Security. (8) Office of the United States Trade Representative. (9) Export-Import Bank of the United States. (10) Small Business Administration."

Sec. 6. #sec-6

This order shall be effective September 30, 2003. GEORGE W. BUSH The White House, September 17, 2003. [Filed with the Office of the Federal Register, 11:38 a.m., September 22, 2003]

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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. 13,316, 68 Fed. Reg. 55,255 (Sept. 17, 2003).