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Executive Order 13509 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.66) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 13509—Establishing a White House Council on Automotive Communities and Workers

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Tuesday, June 23, 2009
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5 min read (961 words)
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74 Fed. Reg. 30903

Executive Brief • At a Glance

⏱️ 5 min read (961 words) • ● Revoked
🎯 Primary Mandate

There is established within the Executive Office of the President the White House Council on Automotive Communities and Workers (Council).

⚖️ 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 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 Barack Obama on June 23, 2009, this order concerns Establishing a White House Council on Automotive Communities and Workers. Over the last decade, the United States has experienced a decline in employment in the auto industry and among part suppliers. This decline has accelerated dramatically over the past year, with more than 400,000 jobs being lost in the industry.

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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White House Council on Automotive Communities and Workers

There is established within the Executive Office of the President the White House Council on Automotive Communities and Workers (Council).

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Mission and Functions

The Council shall perform the following functions, to the extent permitted by law: (a) Provide leadership and coordinate the development of policies and programs across executive departments and agencies to ensure a coordinated Federal response to issues that have a distinct impact on automotive communities and workers; (b) Advise the President on the effects of pending legislation and executive branch policy proposals on automotive communities and workers; (c) Provide recommendations to the President on changes to Federal policies and programs to address issues of special importance to automotive communities and workers; and (d) Help ensure that officials across the executive branch, including officials on existing committees or task…

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Outreach

Consistent with the objectives set forth in this order, the Council, in accordance with applicable law, in addition to regular meetings, shall conduct outreach to representatives of nonprofit organizations, business, labor, State and local government agencies, elected officials, and other interested persons that will assist in bringing to the President's attention concerns, ideas, and policy options for expanding and improving efforts to revitalize automotive communities.

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Termination

The Council shall terminate 2 years after the date of this order unless extended by the President.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ 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
46 / 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

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

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%).
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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
961
6,370 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
21.9
Post-Graduate Legal
Language Tone Score
+0.66
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. Over the last decade, the United States has experienced a decline in employment in the auto industry and among part suppliers. This decline has accelerated dramatically over the past year, with more than 400,000 jobs being lost in the industry. Unemployment in the automotive sector in towns and cities across the country has reached levels not seen in decades, with resulting increases in poverty and high home foreclosure rates. The purpose of this order is to establish a coordinated Federal response to issues that particularly impact automotive communities and workers and to ensure that Federal programs and policies address and take into account these concerns.

Sec. 2. #sec-2

White House Council on Automotive Communities and Workers. There is established within the Executive Office of the President the White House Council on Automotive Communities and Workers (Council). (a) Membership. The Council shall consist of the following members: (1) the Secretary of Labor and the Assistant to the President for Economic Policy and Director of the National Economic Council, who shall serve as Co-Chairs of the Council; (2) the Secretary of the Treasury; (3) the Secretary of Defense; (4) the Attorney General; (5) the Secretary of the Interior; (6) the Secretary of Agriculture; (7) the Secretary of Commerce; (8) the Secretary of Health and Human Services; (9) the Secretary of Housing and Urban Development; (10) the Secretary of Transportation; (11) the Secretary of Energy; (12) the Secretary of Education; (13) the Secretary of Veterans Affairs; (14) the Chair of the Council of Economic Advisers; (15) the Administrator of the Environmental Protection Agency; (16) the Director of the Office of Management and Budget; (17) the United States Trade Representative; (18) the Administrator of General Services; (19) the Administrator of the Small Business Administration; (20) the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement; (21) the Assistant to the President and Cabinet Secretary; (22) the Assistant to the President and Director of the Domestic Policy Council; (23) the Chair of the Council on Environmental Quality; (24) the Assistant to the President for Energy and Climate Change; and (25) the heads of such other executive departments, agencies, and offices as the President may, from time to time, designate. A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is a part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government. (b) Administration. The Co-Chairs shall convene regular meetings of the Council, determine its agenda, and direct its work. The Director for Recovery of Auto Communities and Workers (Director of Recovery) shall serve as Executive Director of the Council and shall coordinate the Council's activities. At the direction of the Co-Chairs, the Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate.

Sec. 3. #sec-3

Mission and Functions. The Council shall perform the following functions, to the extent permitted by law: (a) Provide leadership and coordinate the development of policies and programs across executive departments and agencies to ensure a coordinated Federal response to issues that have a distinct impact on automotive communities and workers; (b) Advise the President on the effects of pending legislation and executive branch policy proposals on automotive communities and workers; (c) Provide recommendations to the President on changes to Federal policies and programs to address issues of special importance to automotive communities and workers; and (d) Help ensure that officials across the executive branch, including officials on existing committees or task forces addressing automotive issues, advance the President's agenda for automotive communities and support the Director of Recovery's coordination of Federal economic adjustment assistance activities. Such support may include the use of personnel, technical expertise, and available financial resources. It may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by auto industry changes.

Sec. 4. #sec-4

Outreach. Consistent with the objectives set forth in this order, the Council, in accordance with applicable law, in addition to regular meetings, shall conduct outreach to representatives of nonprofit organizations, business, labor, State and local government agencies, elected officials, and other interested persons that will assist in bringing to the President's attention concerns, ideas, and policy options for expanding and improving efforts to revitalize automotive communities.

Sec. 5. #sec-5

Termination. The Council shall terminate 2 years after the date of this order unless extended by the President.

Sec. 6. #sec-6

General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. Each executive department and agency shall bear its own expense for participating in the Council. (b) Executive departments and agencies shall afford consideration to requests from automotive communities for Federal technical assistance, financial resources, excess or surplus property, or other resources. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (d) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA The White House, June 23, 2009.

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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. 13,509, 74 Fed. Reg. 30,903 (June 23, 2009).