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Executive Order 12076 Constitutional Neutral (+0.02)

Executive Order 12076—Executive Schedule

Jimmy Carter Jimmy Carter
•
Friday, August 18, 1978
•
3 min read (541 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 1978-08-18, establishes federal administrative policy concerning "Executive Schedule." 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

▪ Nothing in this Order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in Section 1-1 of this Order who was the occupant of that position immediately prior to the issuance of this Order.
▪ 11861, as amended, is hereby revoked.

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
Total Words
541
3,819 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.2
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12076, Jimmy Carter (Aug 18, 1978). Available at https://executiveordersarchive.org/orders/app-executive-order-12076-executive-schedule.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
LEVELS IV AND V OF THE EXECUTIVE SCHEDULE By the authority vested in me as President by Section 5317 of Title 5 of the United States Code, in order to place in level IV of the Executive Schedule the positions of Senior Adviser to the Secretary of State and Special Assistant to the Special Representative for Trade Negotiations, and in order to codify other positions presently placed in levels IV and V of the Executive Schedule, it is hereby ordered as follows: 1-1. Executive Schedule Positions. 1-101. The following positions are placed in level IV of the Executive Schedule: (a) Senior Adviser to the Secretary, Department of State. (b) Director, United States Secret Service, Department of the Treasury. (c) Assistant Secretary (Enforcement and Operations), Department of the Treasury. (d) Adviser to the Secretary and Deputy Secretary of Defense for NATO Affairs, Department of Defense. (e) Assistant to the Secretary for Legislative Affairs, Department of Defense. (f) Assistant Attorney General, United States Attorneys and Trial Advocacy, Department of Justice. (g) Director of Agricultural Economics, Department of Agriculture. (h) Director, Office of Congressional and Public Affairs, Department of Agriculture. (i) Chief Economist, Department of Commerce. (j) Deputy Under Secretary for Regional Affairs, Department of Commerce. (k) Deputy Under Secretary for International Labor Affairs, Department of Labor. (1) Administrator, Health Care Financing Administration, Department of Health, Education, and Welfare. (m) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health, Education, and Welfare. (n) Administrator, Health Services Administration, Department of Health, Education, and Welfare. (o) Administrator, Research and Special Programs Administration, Department of Transportation. (p) Associate Directors (4), Office of Management and Budget, Executive Office of the President. (q) Special Assistant to the Special Representative for Trade Negotiations, Office of the Special Representative for Trade Negotiations. 1-102. The following positions are placed in level V of the Executive Schedule: (a) Deputy Director, United States Secret Service, Department of the Treasury. (b) Director, Office of Revenue Sharing, Department of the Treasury. (c) Principal Deputy Assistant Secretary for Communications, Command, Control and Intelligence, Department of Defense. (d) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense. (e) Director of Policy Review, Department of Defense. (f) Principal Deputy Assistant Secretary (International Security Affairs), Department of Defense. (g) Assistant to the Secretary and Land Utilization Adviser, Department of the Interior. (h) Executive Director, Pension Benefit Guaranty Corporation, Department of Labor. (i) Administrator for Pension and Welfare Benefits, Department of Labor. (j) Executive Assistant and Counselor to the Secretary, Department of Labor. (k) Assistant Secretary, Comptroller, Department of Health, Education, and Welfare. (1) Deputy Commissioner of Social Security, Department of Health, Education, and Welfare. (m) Commissioner on Aging, Department of Health, Education, and Welfare. (n) Commissioner, Automated Data and Telecommunications Service, General Services Administration. 1-2. General Provisions. 1-201. Nothing in this Order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in Section 1-1 of this Order who was the occupant of that position immediately prior to the issuance of this Order. 1-202. Executive Order No. 11861, as amended, is hereby revoked. JIMMY CARTER The White House, August 18, 1978. [Filed with the Office of the Federal Register, 10:59 a.m., August 21, 1978]