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Executive Order 11970 Constitutional Fidelity (+0.44)

Executive Order 11970—Presidential Advisory Board on Ambassadorial Appointments

Jimmy Carter Jimmy Carter
•
Saturday, February 5, 1977
•
2 min read (483 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 Jimmy Carter on 1977-02-05, establishes federal administrative policy concerning "Presidential Advisory Board on Ambassadorial Appointments." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ Upon request by the President or the Secretary of State, the Board shall consider which ambassadorial posts should be filled by career people and which should be filled by noncareer people, and shall make its recommendations in confidence regarding same to them.
▪ Members of the Board who are not officers or employees of the Federal Government shall receive no compensation from the Government of the United States for their service as members of the Board, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C.
▪ The Secretary of State shall, to the extent permitted by law, provide administrative and staff services, support, .and facilities for the Board.
▪ I), except that of reporting annually to the Congress, which are applicable to the Board, shall be performed by the Secretary of State in accordance with guidelines and procedures established by the Office of Management and Budget.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
Total Words
483
3,043 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
15
Post-Grad reading level
Constitutional Polarity
+0.44
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11970, Jimmy Carter (Feb 5, 1977). Available at https://executiveordersarchive.org/orders/app-executive-order-11970-presidential-advisory-board-ambassadorial-appointments.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in accordance with the provisions of the Federal Advisory Committee Act (5 U.S:C. App. I), it is hereby ordered as follows: SECTION 1. (a) There is hereby established the Presidential Advisory Board on Ambassadorial Appointments, hereinafter referred to as the Board, which shall be composed of members appointed by the President. (b) The President shall designate a Chairman from among the members of the Board. (c) The Secretary of State shall designate an Executive Secretary. SEC. 2. ('a) The Board shall, whenever requested, make confidential recommendations to the Secretary of State and the President as to the qualifications of individuals for an ambassadorial post for which noncareer individuals are being considered, and such other advice as the President shall request. (b) In considering the qualifications of a prospective nominee, the Board shall consider such background information on the requirements of particular ambassadorial posts, evaluation criteria, and information regarding the prospective nominee which may be furnished by the Department of State; and the Board shall consider such other information as it deems appropriate in order to render an informed judgment concerning a prospective nominee's qualifications and suitability. SEC. 3. Upon request by the President or the Secretary of State, the Board shall consider which ambassadorial posts should be filled by career people and which should be filled by noncareer people, and shall make its recommendations in confidence regarding same to them. SEC. 4. Board members may not be appointed to an .ambassadorial post during their service on the Board nor for at least one year thereafter. The President may waive this provision in specific cases and will in such cases state his reasons for doing so. SEC. 5. Members of the Board who are not officers or employees of the Federal Government shall receive no compensation from the Government of the United States for their service as members of the Board, but may, to the extent permitted by law, be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5702 and 5703) for persons employed intermittently in the government service. SEC. 6. The Secretary of State shall, to the extent permitted by law, provide administrative and staff services, support, .and facilities for the Board. SEC. 7. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Board, shall be performed by the Secretary of State in accordance with guidelines and procedures established by the Office of Management and Budget. SEC. 8. The Board shall terminate on December 31, 1978, unless extended prior to that date. JIMMY CARTER The White House, February 5, 1977.