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Executive Orders Historical Archive
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Executive Order 13326 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.41) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 13326—Presidents Commission on Implementation of United States Space Exploration Policy

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Tuesday, January 27, 2004
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3 min read (659 words)
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69 Fed. Reg. 5255

Executive Brief • At a Glance

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

The Commission shall be composed of not more than nine members appointed by the President, taking into account as appropriate the experience of such individuals with respect to governmental, scientific, and technical matters relating to space.

⚖️ 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 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 George W. Bush on January 27, 2004, this order concerns Presidents Commission on Implementation of United States Space Exploration Policy. There is hereby established the President's Commission on Implementation of United States Space Exploration Policy (the "Commission"). Sec. 2. Membership. (a) The Commission shall be composed of not more than nine members appointed by the President, taking into account as appropriate the experience of such individuals with respect to governmental, scientific, and technical matters relating to space.

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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Membership

The Commission shall be composed of not more than nine members appointed by the President, taking into account as appropriate the experience of such individuals with respect to governmental, scientific, and technical matters relating to space.

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Mission

The mission of the Commission shall be to provide recommendations to the President, in accordance with this order, on implementation of the vision outlined in the President's policy statement entitled "A Renewed Spirit of Discovery" and the President's Budget Submission for Fiscal Year 2005 (collectively, "Policy").

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Administration

The National Aeronautics and Space Administration (NASA) shall provide, to the extent permitted by law, administrative support and funding for the Commission.

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Report

The Commission shall submit its final report to the President through the Administrator within 120 days of the first meeting of the Commission.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

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
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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
4,352 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
18.7
Post-Graduate Legal
Language Tone Score
+0.41
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 to obtain recommendations concerning implementation of the new vision for space exploration activities of the United States, it is hereby ordered as follows:

Section 1. #sec-1

Establishment. There is hereby established the President's Commission on Implementation of United States Space Exploration Policy (the "Commission").

Sec. 2. #sec-2

Membership. (a) The Commission shall be composed of not more than nine members appointed by the President, taking into account as appropriate the experience of such individuals with respect to governmental, scientific, and technical matters relating to space. (b) The President shall designate one member of the Commission to serve as Chairman of the Commission.

Sec. 3. #sec-3

Mission. (a) The mission of the Commission shall be to provide recommendations to the President, in accordance with this order, on implementation of the vision outlined in the President's policy statement entitled "A Renewed Spirit of Discovery" and the President's Budget Submission for Fiscal Year 2005 (collectively, "Policy"). (b) The Commission shall examine and make recommendations to the President regarding: (i) A science research agenda to be conducted on the Moon and other destinations as well as human and robotic science activities that advance our capacity to achieve the Policy; (ii) The exploration of technologies, demonstrations, and strategies, in cluding the use of lunar and other in situ natural resources, that could be used for sustainable human and robotic exploration; (iii) Criteria that could be used to select future destinations for human exploration; (iv) Long-term organization options for managing implementation of space exploration activities; (v) The most appropriate and effective roles for potential private sector and international participants in implementing the Policy; (vi) Methods for optimizing space exploration activities to encourage the interest of America's youth in studying and pursuing careers in mathematics, science, and engineering; and (vii) Management of the implementation of the Policy within available resources.

Sec. 4. #sec-4

Administration. (a) The National Aeronautics and Space Administration (NASA) shall provide, to the extent permitted by law, administrative support and funding for the Commission. The Commission is established in NASA for administrative purposes only. (b) Members of the Commission shall serve without compensation for their work on the Commission. Members appointed from among private citizens of the United States, however, while engaged in the work of the Commission, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), to the extent funds are available. (c) Insofar as the Federal Advisory Committee Act (5 U.S.C. App. 2) (the "Act"), as amended, may apply to the Commission, any functions of the President under that Act, except for those in section 6 of that Act, shall be performed by the Administrator of NASA (the "Administrator"), in accordance with the guidelines that have been issued by the Administrator of General Services. (d) The Commission shall conduct occasional meetings as appropriate, including at various locations throughout the United States, to solicit views and opinions from the public, academia, and industry. (e) The Commission shall not have access to information classified pursuant to Executive Order 12958 of April 17, 1995, as amended.

Sec. 5. #sec-5

Report. The Commission shall submit its final report to the President through the Administrator within 120 days of the first meeting of the Commission.

Sec. 6. #sec-6

General Provisions. (a) This order is intended only to improve the internal management of the executive branch and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. (b) The Commission shall terminate within 60 days after submitting its final report. GEORGE W. BUSH The White House, January 27, 2004. [Filed with the Office of the Federal Register, 11:02 a.m., February 2, 2004]

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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. 13,326, 69 Fed. Reg. 5255 (Jan. 27, 2004).