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Executive Order 13398 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.60) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 13398—National Mathematics Advisory Panel

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Tuesday, April 18, 2006
•
5 min read (924 words)
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71 Fed. Reg. 20519

Executive Brief • At a Glance

⏱️ 5 min read (924 words) • ● In Effect
🎯 Primary Mandate

There is hereby established within the Department of Education (Department) the National Mathematics Advisory Panel (Panel).

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 George W. Bush on April 18, 2006, this order concerns National Mathematics Advisory Panel. To help keep America competitive, support American talent and creativity, encourage innovation throughout the American economy, and help State, local, territorial, and tribal governments give the Nation's children and youth the education they need to succeed, it shall be the policy of the United States to foster greater knowledge of and improved performance in mathematics among American students. Sec. 2.

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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Establishment and Mission of Panel

There is hereby established within the Department of Education (Department) the National Mathematics Advisory Panel (Panel).

▪
Membership and Chair of Panel

The Panel shall consist of no more than 30 members as follows: (i) no more than 20 members from among individuals not employed by the Federal Government, appointed by the Secretary for such terms as the Secretary may specify at the time of appointment; and (ii) no more than 10 members from among officers and employees of Federal agencies, designated by the Secretary after consultation with the heads of the agencies concerned.

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Report to the President on Strengthening Mathematics Education

In carrying out subsection 2(b) of this order, the Panel shall submit to the President, through the Secretary, a preliminary report not later than January 31, 2007, and a final report not later than February 28, 2008.

▪
Additional Reports

The Secretary may require the Panel, in carrying out subsection 2(b) of this order, to submit such additional reports relating to the policy set forth in section 1 as the Secretary deems appropriate.

Constitutional & Societal Entities Impacted

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

Policy Areas & Topics

🏛️

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
📐

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
41 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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%).
ℹ️
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
924
6,013 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
20.7
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, it is hereby ordered as follows:

Section 1. #sec-1

Policy. To help keep America competitive, support American talent and creativity, encourage innovation throughout the American economy, and help State, local, territorial, and tribal governments give the Nation's children and youth the education they need to succeed, it shall be the policy of the United States to foster greater knowledge of and improved performance in mathematics among American students.

Sec. 2. #sec-2

Establishment and Mission of Panel. (a) There is hereby established within the Department of Education (Department) the National Mathematics Advisory Panel (Panel). (b) The Panel shall advise the President and the Secretary of Education (Secretary) consistent with this order on means to implement effectively the policy set forth in section 1, including with respect to the conduct, evaluation, and effective use of the results of research relating to proven-effective and evidence-based mathematics instruction.

Sec. 3. #sec-3

Membership and Chair of Panel. (a) The Panel shall consist of no more than 30 members as follows: (i) no more than 20 members from among individuals not employed by the Federal Government, appointed by the Secretary for such terms as the Secretary may specify at the time of appointment; and (ii) no more than 10 members from among officers and employees of Federal agencies, designated by the Secretary after consultation with the heads of the agencies concerned. (b) From among the members appointed under paragraph (3)(a)(i) of this order, the Secretary shall designate a Chair of the Panel. (c) Subject to the direction of the Secretary, the Chair of the Panel shall convene and preside at meetings of the Panel, determine its agenda, direct its work and, as appropriate to deal with particular subject matters, establish and direct the work of subgroups of the Panel that shall consist exclusively of members of the Panel.

Sec. 4. #sec-4

Report to the President on Strengthening Mathematics Education. In carrying out subsection 2(b) of this order, the Panel shall submit to the President, through the Secretary, a preliminary report not later than January 31, 2007, and a final report not later than February 28, 2008. Both reports shall, at a minimum, contain recommendations, based on the best available scientific evidence, on the following: (a) the critical skills and skill progressions for students to acquire competence in algebra and readiness for higher levels of mathematics; (b) the role and appropriate design of standards and assessment in promoting mathematical competence; (c) the processes by which students of various abilities and backgrounds learn mathematics; (d) instructional practices, programs, and materials that are effective for improving mathematics learning; (e) the training, selection, placement, and professional development of teachers of mathematics in order to enhance students' learning of mathematics; (f) the role and appropriate design of systems for delivering instruction in mathematics that combine the different elements of learning processes, curricula, instruction, teacher training and support, and standards, assessments, and accountability; (g) needs for research in support of mathematics education; (h) ideas for strengthening capabilities to teach children and youth basic mathematics, geometry, algebra, and calculus and other mathematical disciplines; (i) such other matters relating to mathematics education as the Panel deems appropriate; and (j) such other matters relating to mathematics education as the Secretary may require.

Sec. 5. #sec-5

Additional Reports. The Secretary may require the Panel, in carrying out subsection 2(b) of this order, to submit such additional reports relating to the policy set forth in section 1 as the Secretary deems appropriate.

Sec. 6. #sec-6

General Provisions. (a) This order shall be implemented in a manner consistent with applicable law, including section 103 of the Department of Education Organization Act (20 U.S.C. 3403), and subject to the availability of appropriations. (b) The Department shall provide such administrative support and funding for the Panel as the Secretary determines appropriate. To the extent permitted by law, and where practicable, agencies shall, upon request by the Secretary, provide assistance to the Panel. (c) The Panel shall obtain information and advice as appropriate in the course of its work from: (i) officers or employees of Federal agencies, unless otherwise directed by the head of the agency concerned; (ii) State, local, territorial, and tribal officials; (iii) experts on matters relating to the policy set forth in section 1; (iv) parents and teachers; and (v) such other individuals as the Panel deems appropriate or as the Secretary may direct. (d) Members of the Panel who are not officers or employees of the United States shall serve without compensation and may receive 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), consistent with the availability of funds. (e) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the administration of any portion of this order, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines issued by the Administrator of General Services. (f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by any party at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.

Sec. 7. #sec-7

Termination. Unless hereafter extended by the President, this Advisory Panel shall terminate 2 years after the date of this order. George W. Bush The White House, April 18, 2006.

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Scholarly & Legal Citations

Exec. Order No. 13,398, 71 Fed. Reg. 20,519 (Apr. 18, 2006).