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Executive Order 13804 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 Art. II §2: Diplomatic & Foreign Policy Prerogative

Executive Order 13804—Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13761

Donald J. Trump (1st Term) Donald J. Trump (1st Term)
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Tuesday, July 11, 2017
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2 min read (314 words)
•
82 Fed. Reg. 32611

Executive Brief • At a Glance

⏱️ 2 min read (314 words) • ● In Effect
🎯 Primary Mandate

Section 1 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Diplomatic & Foreign Policy Prerogative
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises 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 Donald J. Trump (1st Term) on July 11, 2017, this order concerns Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13761. Amendments to Executive Order 13761 . (a) Section 1 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017". (b) Section 10 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

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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Section 1 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

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Section 10 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

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Subsection (b) of section 12 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

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Section 11 of Executive Order 13761 is hereby revoked.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Trade & Tariffs
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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 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
37 / 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

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

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 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
314
1,880 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
13.2
College Level
Language Tone Score
+0.23
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (2 sections)
Sec. 1: Amendments to Executive Order 13761Sec. 2: General Provision

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq .), the National Emergencies Act (50 U.S.C. 1601 et seq .), the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201-7211), the Comprehensive Peace in Sudan Act of 2004, as amended (Public Law 108-497), the Darfur Peace and Accountability Act of 2006 (Public Law 109-344), and section 301 of title 3, United States Code, I, Donald J. Trump, President of the United States of America, in order to take additional steps to address the emergency described in Executive Order 13067 of November 3, 1997, Executive Order 13412 of October 13, 2006, and Executive Order 13761 of January 13, 2017, with respect to the policies and actions of the Government of Sudan, including additional fact-finding and a more comprehensive analysis of the Government of Sudan's actions, hereby order as follows:

Section 1 . #sec-1

Amendments to Executive Order 13761 . (a) Section 1 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017". (b) Section 10 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017". (c) Subsection (b) of section 12 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017". (d) Section 11 of Executive Order 13761 is hereby revoked.

Sec. 2 . #sec-2

General Provision . 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. DONALD J. TRUMP The White House, July 11, 2017.

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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 14098—Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition
Joseph R. Biden, Jr. • 2023-05-04
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Scholarly & Legal Citations 

Exec. Order No. 13,804, 82 Fed. Reg. 32,611 (July 11, 2017).