Executive Order 13634-Reestablishment of Advisory Commission
Issued 2012-12-21 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On December 21, 2012, President Obama signed an executive order bringing back the President's Advisory Commission on Educational Excellence for Hispanics. This commission had originally been created in 2010 but was set to expire. The order reactivated it and appointed the same people who had been serving on it as of October 2012 to continue their work. The commission was scheduled to end on September 30, 2013, unless the President decided to extend it again.
This action affects the members of the advisory commission and potentially the Hispanic community whose educational issues the commission examines. Advisory commissions like this one typically provide recommendations and guidance to the President on specific policy areas, in this case education-related matters affecting Hispanic Americans.
The order explicitly states it does not create any legal rights or benefits that people can enforce in court. Under Article II of the Constitution, presidents have authority to manage the executive branch, which generally includes creating advisory bodies within the White House. The constitutional assessment notes that while presidents can create such advisory groups, their authority becomes more debatable if they try to restructure agencies or create bodies with regulatory power in ways that conflict with laws Congress has passed.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13634 ("Executive Order 13634-Reestablishment of Advisory Commission") restructures or establishes federal entities. The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Barack Obama, 2012 Executive Order 13634—Reestablishment of Advisory Commission December 21, 2012 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1 . Reestablishing the President's Advisory Commission on Educational Excellence for Hispanics . The President's Advisory Commission on Educational Excellence for Hispanics (Commission), as set forth under the provisions of Executive Order 13555 of October 19, 2010, is hereby reestablished and shall terminate on September 30, 2013, unless extended by the President. The same members who were serving on the Commission on October 19, 2012, are hereby reappointed to the Commission as reestablished by this order, as if the Commission had continued without termination through the date of this Executive Order. Sec. 2 . General Provisions . (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to an executive department, agency, or the head thereof; or (2) the functions of the Director of t