Constitution Index · Executive Order 14397 · 2026-03-24
Further Continuance of the Federal Emergency Management Agency Review Council
Latest official status (2026-10-19): no_disposition_noted
Constitutional grade
A
Constitutional
This executive order merely continues an existing advisory council for a short, defined period, operating under the Federal Advisory Committee Act. It does not expand federal power, restrict rights, or take property. The action is administrative and procedural, fully consistent with the President's executive authority and the Constitution.
Article II, Section 1, Clause 1 Article I, Section 8, Clause 18
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
The President has inherent executive authority under Article II, Section 1, Clause 1 to manage the executive branch, including establishing and continuing advisory committees. The order explicitly invokes the Federal Advisory Committee Act (5 U.S.C. ch. 10), which is a valid exercise of Congress's power under Article I, Section 8, Clause 18 to make laws necessary and proper for executing executive functions. Continuing an existing council does not exceed enumerated powers.
Bill of Rights · passes
The order does not implicate any provision of the Bill of Rights. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. It is purely administrative.
Individual liberty · passes
The order imposes no restrictions on individual conduct, property, speech, labor, or belief. It merely continues a federal advisory council. There is no burden on individual liberty, and no compelling justification is needed because no individual right is affected.
Decentralization · passes
The order concerns a federal advisory council reviewing a federal agency (FEMA). This is inherently a federal function that cannot be handled by individuals, local communities, or states. The action does not consolidate decision-making upward; it maintains the status quo of an existing federal review process. All four questions are answered appropriately.
Due process and takings · passes
The order does not deprive any person of life, liberty, or property, nor does it take private property. It does not bypass any procedural or substantive due process requirements. The order explicitly states it creates no enforceable rights, which is standard for administrative orders and does not violate due process.
Provenance
- Federal Register: Executive Order 14397 · fetched 2026-10-03 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #864 | 2026-10-14 | vfa-constitutional-grade/1.0 | cf412245d8dd | current |
Cite this
Values for America. “Constitutional grade: Executive Order 14397, Further Continuance of the Federal Emergency Management Agency Review Council.” VFA Constitution Index, grade 864 (rubric vfa-constitutional-grade/1.0), graded October 14, 2026. https://www.valuesforamerica.com/constitution-index/grades/864. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/864
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