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Executive Order 10110 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 10110—President's Communications Policy Board

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Friday, February 17, 1950
•
2 min read (438 words)

Executive Brief • At a Glance

⏱️ 2 min read (438 words) • ● In Effect
🎯 Primary Mandate

There is hereby created a board to be known as the President's Communications Policy Board which shall be composed of a chairman and four other members to be designated by the President. 2.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Harry S Truman on February 17, 1950, this order concerns President's Communications Policy Board. There is hereby created a board to be known as the President's Communications Policy Board which shall be composed of a chairman and four other members to be designated by the President. 2. It shall be the function of the Board to study the present and potential use of radio and wire communications facilities by governmental and non-governmental agencies and to make and present to the President evaluations and…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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There is hereby created a board to be known as the President's Communications Policy Board which shall be composed of a chairman and four other members to be designated by the President. 2.

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It shall be the function of the Board to study the present and potential use of radio and wire communications facilities by governmental and non-governmental agencies and to make and present to the President evaluations and recommendations in the national interest concerning (a) policies for the most effective use of radio frequencies by governmental and non-governmental users and alternative administrative arrangements in the Federal Government for the sound effectuation of such policies, (b) policies with respect to international radio and wire communications, (c) the relationship of Government communications to non-government communications, and (d) such related policy matters as the Board may determine. 3.

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The Board is authorized to hear and consult with representatives of industry and the Federal Government concerned with the subjects under study by the Board.

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All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Board in its work and to furnish the Board such information as it may require in the performance of its duties.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
🏛️

The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
§

"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Defends Vigor & Dispatch
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
📐

Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
438
2,709 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
17
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: 1. There is hereby created a board to be known as the President's Communications Policy Board which shall be composed of a chairman and four other members to be designated by the President. 2. It shall be the function of the Board to study the present and potential use of radio and wire communications facilities by governmental and non-governmental agencies and to make and present to the President evaluations and recommendations in the national interest concerning (a) policies for the most effective use of radio frequencies by governmental and non-governmental users and alternative administrative arrangements in the Federal Government for the sound effectuation of such policies, (b) policies with respect to international radio and wire communications, (c) the relationship of Government communications to non-government communications, and (d) such related policy matters as the Board may determine. 3. The Board is authorized to hear and consult with representatives of industry and the Federal Government concerned with the subjects under study by the Board. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Board in its work and to furnish the Board such information as it may require in the performance of its duties. The Board shall protect the security of any classified information submitted to it. 4. Each member of the Board shall, while away from his home or regular place of business and engaged in the official business of the Board, receive actual traveling expenses and per diem allowances in lieu of subsistence in accordance with rates established by the Standardized Government Travel Regulations, as amended. 5. During the fiscal year 1950 the expenditures of the Board and the traveling expenses and per diem allowances of the members thereof shall be paid out of an allotment made by the President from the appropriation appearing under the heading "Emergency Fund for the President" in the Independent Offices Appropriation Act, 1950 (Public Law 266, approved August 24, 1949); and during the fiscal year 1951 the same shall be similarly paid from any corresponding or like appropriation made available for the fiscal year 1951. Such payments shall be made without regard to the provisions of (a) section 3681 of the Revised Statutes (31 U.S.C. 672), (b) section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 673), and (c) such other laws as the President may hereafter specify. The Board shall terminate one year after the date of this order. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

February 17, 1950

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Scholarly & Legal Citations

Exec. Order No. 10,110 (Feb. 17, 1950), https://executiveordersarchive.org/orders/app-executive-order-10110-presidents-communications-policy-board.