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Executive Order 12639 Constitutional Neutral (+0.02)

Executive Order 12639—Administration of Foreign Relations and Related Functions

Ronald Reagan Ronald Reagan
•
Friday, May 6, 1988
•
3 min read (616 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 Ronald Reagan on 1988-05-06, establishes federal administrative policy concerning "Administration of Foreign Relations and Related Functions." 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 as President by the Constitution and laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961, as amended (22 U.S.C.
▪ 12163, as amended, is further amended by inserting "and (e)" after "620C(d)".
▪ 12163, as amended, is further amended by amending paragraph (22) to read as follows: "(22) Section 402(b)(2) of Title 10 of the United States Code, which shall be exercised in consultation with the Secretary of Defense;".
▪ 12163, as amended, is further amended by deleting "and" at the end of paragraph (25) and by amending paragraph (26) to read as follows: "(26) sections 513, 527, 528, 542, 561, 570, 571, 586(c), and 590 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202);".

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
Total Words
616
3,925 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
17.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12639, Ronald Reagan (May 6, 1988). Available at https://executiveordersarchive.org/orders/app-executive-order-12639-administration-foreign-relations-and-related-functions.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2381), and section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning foreign assistance to the Secretary of State, the Secretary of Defense, and the Director of the International Development Cooperation Agency, it is hereby ordered as follows: Section 1. Section 1-102(a) of Executive Order No. 12163, as amended, is further amended by amending paragraphs (9) and (10) to read as follows: "(9) section 538 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202), to be exercised by the Administrator of the Agency for International Development within IDCA; and "(10) the first proviso under the heading "Population, Development Assistance" contained in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202), to be exercised by the Administrator of the Agency for International Development within IDCA.". Sec. 2. Section 1-201(a)(11) of Executive Order No. 12163, as amended, is further amended by inserting "and (e)" after "620C(d)". Sec. 3. Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by amending paragraph (22) to read as follows: "(22) Section 402(b)(2) of Title 10 of the United States Code, which shall be exercised in consultation with the Secretary of Defense;". Sec. 4. Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by deleting "and" at the end of paragraph (25) and by amending paragraph (26) to read as follows: "(26) sections 513, 527, 528, 542, 561, 570, 571, 586(c), and 590 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202);". Sec. 5. Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by inserting the following new paragraphs at the end thereof: "(27) the fourth proviso under the heading "Southern Africa, Development Assistance" contained in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202); "(28) the proviso relating to tied aid credits under the heading "Economic Support Fund" contained in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202), which shall be exercised in consultation with the Administrator of the Agency for International Development; "(29) subsection (c)(2) under the heading "Foreign Military Sales Debt Reform" contained in Title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202), and section 572 and section 573(c) of that Act, each of which shall be exercised in consultation with the Secretary of Defense. In addition, section 573(c) shall be exercised in consultation with the Director of the United States Arms Control and Disarmament Agency. Sec. 6. Section 1-301 of Executive Order No. 12163, as amended, is further amended to add the following section: "(f) The functions conferred upon the President under section 573(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202)." Sec. 7. Section 1-701 of Executive Order No. 12163, as amended, is further amended: (1) in subsection (d) by deleting "670(a)(2)" and inserting in lieu thereof "670(a)"; and (2) by amending subsection (g) to read as follows: "(g) Those under sections 130, 131, 504 and 505 of the ISDCA of 1985". RONALD REAGAN The White House, May 6, 1988. [Filed with the Office of the Federal Register, 11:13 a.m., May 9, 1988]