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Executive Order 12190 Constitutional Fidelity (+0.44)

Executive Order 12190—Advisory Committee on Small and Minority Business Ownership

Jimmy Carter Jimmy Carter
•
Friday, February 1, 1980
•
3 min read (507 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 1980-02-01, establishes federal administrative policy concerning "Advisory Committee on Small and Minority Business Ownership." 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

▪ There is established an Advisory Committee on Small and Minority Business Ownership composed of five high-level officers from five United States businesses and five representatives of minority small businesses.
▪ The President shall appoint the members of the Committee and designate a Chairman from among its members.
▪ In selecting the members, the President shall give due consideration to the particular skills desirable to accomplish the purpose .and functions of the Committee.
▪ The Committee shall make periodic reports and recommendations to the President through the Administrator of the Small Business Administration and shall offer such other advice and at such times as the President through the Administrator may request.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
Total Words
507
3,355 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
13.7
Post-Grad reading level
Constitutional Polarity
+0.44
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12190, Jimmy Carter (Feb 1, 1980). Available at https://executiveordersarchive.org/orders/app-executive-order-12190-advisory-committee-small-and-minority-business-ownership.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution of the United States of America and in order to implement Section 7(j)(3)(A) of the Small Business Act (92 Stat. 1765, 15 U.S.C. 636(j) (3)(A)), which directs the creation of an advisory committee for certain purposes, it is hereby ordered as follows: 1-1. Establishment of Committee. 1-101. There is established an Advisory Committee on Small and Minority Business Ownership composed of five high-level officers from five United States businesses and five representatives of minority small businesses. 1-102. The President shall appoint the members of the Committee and designate a Chairman from among its members. 1-103. In selecting the members, the President shall give due consideration to the particular skills desirable to accomplish the purpose .and functions of the Committee. 1-2. Functions of the Committee. 1-201. (a) The Committee shall assist in monitoring and encouraging the placement of subcontracts by the private sector with eligible small businesses, particularly with small minority businesses, and shall study and propose the incentives and assistance needed by the private sector to help in the training, development, and upgrading of such businesses. (b) Eligible small businesses are those located in areas of high concentration of unemployed or low-income individuals, businesses owned by low-income individuals, and those businesses eligible for assistance under Section 8(a) of the Small Business Act (15 U.S.C. 637(a), 92 Stat. 1761). 1-202. The Committee shall make periodic reports and recommendations to the President through the Administrator of the Small Business Administration and shall offer such other advice and at such times as the President through the Administrator may request. 1-203. The Committee, through its Chairman, shall report annually to the President and to the Congress on the activities of the Committee during the preceding calendar year. 1-3. Administrative Provisions. 1-301. The Committee may request any Executive agency to furnish such information as may be useful in fulfilling the Committee's functions. Each such agency is authorized, to the extent permitted by law, to furnish such information to the Committee. 1-302. Each member of the Committee who is not otherwise employed by the Federal Government shall receive no compensation from the United States by virtue of their service on the Committee, but all members may receive transportation and travel expenses, including per diem in lieu of subsistence, as authorized by 5 U.S.C. 5702 and 5703. 1-303. All necessary administrative staff services, support, facilities, and expenses of the Committee shall, to the extent permitted by law, be furnished by the Small Business Administration. 1-4. General Provisions. 1-401. The functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), except that of reporting annually to the Congress, which are applicable to the Committee, shall be performed by the Administrator of the Small Business Administration in accordance with guidelines and procedures established by the Administrator of General Services. 1-402. The Committee shall terminate on December 31, 1980. JIMMY CARTER The White House, February 1, 1980. [Filed with the Office of the Federal Register, 2:33 p.m., February l, 1980]