Executive Order 11687 Constitutional Neutral (+0.02)

Executive Order 11687—Delegating Functions Conferred Upon the President by Section 1455 of Title 10 of the United States Code, Establishing the Retired Serviceman's Survivor Benefit Plan

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Wednesday, October 11, 1972

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2 min read (403 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Richard Nixon on 1972-10-11, establishes federal administrative policy concerning "Delegating Functions Conferred Upon the President by Section 1455 of Title 10 of the United States Code, Establishing the Retired Serviceman's Survivor Benefit Plan." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ By virtue of the authority vested in me by section 1455 of title 10 of the United States Code (as added by section 1 of the act entitled "An Act To amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes"), section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION I.

▪ The Secretary of Defense, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Secretary of Transportation are hereby severally authorized and empowered to perform, without the approval, ratification or other action of the President, the function vested in the President by section 1455 of title 10 of the United.

▪ The regulations prescribed by any such Secretary shall relate only to the Department of which the Secretary is the head.

▪ However, the regulations prescribed by the Secretaries shall be uniform to the extent practicable, and, in order to achieve that purpose, the regulations of the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Secretary of Transportation shall be issued only after consultation with the Secretary of Defense.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions

Total Words

403

2,416 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

24.2

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 11687, Richard Nixon (Oct 11, 1972). Available at https://executiveordersarchive.org/orders/app-executive-order-11687-delegating-functions-conferred-upon-the-president-section-1455-title.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by section 1455 of title 10 of the United States Code (as added by section 1 of the act entitled "An Act To amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes"), section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION I. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Secretary of Transportation are hereby severally authorized and empowered to perform, without the approval, ratification or other action of the President, the function vested in the President by section 1455 of title 10 of the United. States Code of prescribing regulations for the administration of subchapter II of chapter 73 of title 10 of the United States Code. The regulations prescribed by any such Secretary shall relate only to the Department of which the Secretary is the head. However, the regulations prescribed by the Secretaries shall be uniform to the extent practicable, and, in order to achieve that purpose, the regulations of the Secretary of Commerce, the Secretary of Health, Education, and Welfare, and the Secretary of Transportation shall be issued only after consultation with the Secretary of Defense. SEC. 2. The regulations shall be in accordance with the provisions of subchapter II of chapter 73 of title 10 of the United States Code, shall be designed to achieve the uniform, equitable, and economical administration of that subchapter, and shall include, along with any other regulations deemed necessary, procedures for: (1) informing the member and his spouse (when required by section 1448 (a) of title 10 of the United States Code), before the date the member becomes entitled to retired or retainer pay, of the elections available and the effects of such elections; (2) submitting elections and claims; (3) depositing the amounts referred to in section 1452(d) of title 10 of the United States Code; and; (4) correcting administrative deficiencies in accordance with section 1454 of title 10 of the United States Code. SEC. 3. This order shall be effective as of the date of approval of the act entitled "An Act To amend chapter 73 of title 10 of the United States Code, to establish a Survivor Benefit Plan, and for other purposes." RICHARD NIXON The White House, October 11, 1972