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Executive Orders Historical Archive
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Executive Order 13935 Superseded 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.80) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 13935—White House Hispanic Prosperity Initiative

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Thursday, July 9, 2020
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7 min read (1,480 words)
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85 Fed. Reg. 42683

Executive Brief • At a Glance

⏱️ 7 min read (1,480 words) • ● Superseded
🎯 Primary Mandate

There is established the White House Hispanic Prosperity Initiative (Initiative), housed in the Department of Education (Department).

⚖️ 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 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 Donald J. Trump (1st Term) on July 9, 2020, this order concerns White House Hispanic Prosperity Initiative. The success of Hispanic Americans is integral to the economic future of our country. As more than 60 million Hispanics live in the United States today, Hispanics are the largest minority group in the country. Hispanics are also the Nation's youngest major racial or ethnic group. Generations of Hispanics constituting different backgrounds and cultures have contributed to building a strong and prosperous America.

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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White House Hispanic Prosperity Initiative

There is established the White House Hispanic Prosperity Initiative (Initiative), housed in the Department of Education (Department).

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The President's Advisory Commission on Hispanic Prosperity

There is established in the Department the President's Advisory Commission on Hispanic Prosperity (Commission).

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ 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)
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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 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
55 / 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

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
1,480
10,283 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
21.1
Post-Graduate Legal
Language Tone Score
+0.80
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 in order to improve Hispanic Americans' access to educational and economic opportunities, it is hereby ordered as follows:

Section 1 . #sec-1

Purpose . The success of Hispanic Americans is integral to the economic future of our country. As more than 60 million Hispanics live in the United States today, Hispanics are the largest minority group in the country. Hispanics are also the Nation's youngest major racial or ethnic group. Generations of Hispanics constituting different backgrounds and cultures have contributed to building a strong and prosperous America. Their collective contributions continue a legacy of inspiration that is a cherished part of the American experience. While we celebrate the many ways Hispanic Americans have contributed to our Nation, we also recognize that they face challenges in accessing educational and economic opportunities. In the last 3 years, my Administration has supported school choice, Hispanic-Serving Institutions (HSIs), and new career pathways, including apprenticeships and work-based learning initiatives, because quality education options offering multiple pathways to economic success are critical to developing our Nation's potential for the jobs of tomorrow. My Administration has also supported investment in economically distressed communities, including through Opportunity Zones, and economic opportunities for small and minority-owned businesses. The initiative set forth in this order increases emphasis on the connection between educational and economic opportunities, and exploring and promoting opportunities for Hispanic Americans, both through and outside traditional education options, that lead to economic prosperity. Today, Americans have more paths to prosperity than any previous generation, and it is necessary to ensure that Hispanic Americans have every opportunity to access these pathways and to fulfill their educational and economic aspirations.

Sec. 2 . #sec-2

White House Hispanic Prosperity Initiative . There is established the White House Hispanic Prosperity Initiative (Initiative), housed in the Department of Education (Department). (a) The mission of the Initiative shall be to improve access by Hispanic Americans to educational and economic opportunities. Consistent with its mission, the Initiative shall: (i) identify and promote educational and workforce development practices that have improved educational, professional, and economic outcomes for Hispanic Americans; (ii) encourage private-sector initiatives and foster public-private partnerships that improve access to educational and economic opportunities for Hispanic Americans; (iii) develop a national network of individuals, organizations, and communities, with which to consult and collaborate regarding practices and policies that improve access to educational and economic opportunities for Hispanic Americans; (iv) monitor the development, implementation, and coordination of Federal Government educational, workforce, and business development programs designed to improve outcomes for Hispanic Americans; and (v) advise the President, through the Secretary of Education (Secretary), on issues of importance to Hispanic Americans and policies relating to Hispanic Americans' prosperity. (b) The Initiative shall be led by an Executive Director, designated by the Secretary. The Executive Director shall also serve as Executive Director of the Commission created by section 3 of this order. In addition to leading the work of the Initiative, the Executive Director shall coordinate the work of, and provide administrative support for, the Commission. As appropriate, the Department shall provide the Initiative with staff, resources, and administrative support, to the extent permitted by law and subject to the availability of appropriations. (c) All executive departments and agencies (agencies) shall, to the extent permitted by law, provide such information, support, and assistance to the Initiative as the Secretary may request. (d) The Initiative, acting through the Executive Director, shall provide regular reports on its activities to appropriate officials in the Executive Office of the President, including the Director of the Office of Management and Budget, the Director of the Office of Science and Technology Policy, the Assistant to the President for the Office of American Innovation, the Assistant to the President for the Office of Economic Initiatives, the Assistant to the President for Domestic Policy, the Director of the Office of Public Liaison, and the Director of Intergovernmental Affairs. (e) As part of the Initiative, there is established an Interagency Working Group (Working Group) to collaborate regarding resources and opportunities available across the Federal Government to increase educational and economic opportunities for Hispanic Americans. The Working Group shall also serve as a channel for communication between the Initiative and other agencies. (i) The Working Group shall be chaired by the Executive Director of the Initiative and shall consist of a senior official from the Domestic Policy Council, the Office of American Innovation, the Office of Public Liaison, and each agency that develops or implements policies relating to Hispanic American prosperity, as identified by the Secretary. (ii) The Department shall provide the Working Group with administrative support to the extent permitted by law and subject to the availability of appropriations.

Sec. 3 . #sec-3

The President's Advisory Commission on Hispanic Prosperity . There is established in the Department the President's Advisory Commission on Hispanic Prosperity (Commission). (a) The Commission shall be composed of not more than 20 members, who shall be appointed by the President. The Commission may include individuals from outside the Federal Government with relevant experience or subject matter expertise in promoting educational opportunities and economic success in the Hispanic American community. The Commission shall also include the following officers, or their designees: (i) the Secretary of Commerce; (ii) the Secretary of Labor; (iii) the Secretary of Housing and Urban Development; (iv) the Secretary of Education; and (v) the Administrator of the Small Business Administration. (b) The functions of the Commission shall be to: (i) promote pathways to in-demand jobs for Hispanic American students, including apprenticeships, internships, fellowships, mentorships, and work-based learning initiatives; (ii) strengthen HSIs, as defined by the Higher Education Act of 1965, as amended, and increase the participation of the Hispanic American community, Hispanic-serving school districts, and HSIs in the programs of the Department and other agencies; (iii) promote local-based and national private-public partnerships to promote high-quality education, training, and economic opportunities for Hispanic Americans; (iv) promote awareness of educational opportunities for Hispanic American students, including options to enhance school choice, personalized learning, family engagement, and civics education; (v) promote public awareness of the educational and training challenges that Hispanic Americans face and the causes of these challenges; (vi) monitor changes in Hispanic Americans' access to educational and economic opportunities; and (vii) advise the President and the Initiative on educational and economic opportunities for the Hispanic American community. (c) The Commission shall periodically report to the President, through the Secretary and after consulting with the Executive Director, on progress in providing Hispanic American students, workers, and communities with increased access to educational and economic opportunities. The reports shall identify efforts of agencies to improve educational and economic opportunities for Hispanic Americans. The reports shall also include, as appropriate, recommendations for improving Federal education, workforce, small business, and other programs. (d) The Commission shall have a Chair and two Vice Chairs, designated by the President from among the members of the Commission. The Chair and Vice Chairs shall work with the Executive Director to convene regular meetings of the Commission, determine its agenda, and direct its work, consistent with this order. (i) The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and subject to the availability of appropriations. (ii) Members of the Commission shall serve without compensation but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707). (iii) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Commission, 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. (e) The Commission shall terminate 2 years after the date of this order unless extended by the President.

Sec. 4 . #sec-4

General Provisions . (a) This order supersedes Executive Order 13555 of October 19, 2010 (White House Initiative on Educational Excellence for Hispanics), and section 1(u) of Executive Order 13889 of September 27, 2019 (Continuance of Certain Federal Advisory Committees). (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) 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 9, 2020.

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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. 13,935, 85 Fed. Reg. 42,683 (July 9, 2020).