Executive Order 10057 Constitutional Fidelity (+0.33)

Executive Order 10057—Transferring to the American Battle Monuments Commission Functions Pertaining to Certain United States Military Cemeteries

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Saturday, May 14, 1949

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2 min read (431 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 Harry S Truman on 1949-05-14, establishes federal administrative policy concerning "Transferring to the American Battle Monuments Commission Functions Pertaining to Certain United States Military Cemeteries." 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

▪ 1509, as amended by the act of June 26, 1946, 60 Stat.

▪ 182, as amended by the act of August 5, 1947, c.

▪ The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.

▪ There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1949, in connection with such functions.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants

Total Words

431

2,617 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

15.4

Post-Grad reading level

Constitutional Polarity

+0.33

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 10057, Harry S Truman (May 14, 1949). Available at https://executiveordersarchive.org/orders/app-executive-order-10057-transferring-the-american-battle-monuments-commission-functions.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318, and as President of the United States, it is hereby ordered as follows: 1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuville-en-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto are located therein or are in depots or other places under the jurisdiction of the American Graves Registration Service which are in excess of the needs of the Department of the Army and are requested by the American Battle Monuments Commission, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947. 2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary. 3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1949, in connection with such functions. HARRY S. TRUMAN THE WHITE HOUSE, May 14, 1949