★
Executive Orders Historical Archive
Cite
Executive Order 10119 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10119—Regulations Governing the Payment of Basic Allowances for Subsistence to Members of the Uniformed Services

•
Monday, March 27, 1950
•
4 min read (722 words)

Executive Brief • At a Glance

⏱️ 4 min read (722 words) • ● In Effect
🎯 Primary Mandate

I hereby prescribe the following regulations governing the payment of basic allowances for subsistence to members of the uniformed services: SECTION 1.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Private Citizens & Property Owners Public Health & Medical Institutions

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 March 27, 1950, this order concerns Regulations Governing the Payment of Basic Allowances for Subsistence to Members of the Uniformed Services. I hereby prescribe the following regulations governing the payment of basic allowances for subsistence to members of the uniformed services: SECTION 1. Enlisted members who are being subsisted in kind in a mess and whose duties require them to be absent from their station during one or more meals shall be entitled for each such meal to one-third of the daily basic allowance for subsistence authorized for members on…

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

▪

I hereby prescribe the following regulations governing the payment of basic allowances for subsistence to members of the uniformed services: SECTION 1.

▪

Enlisted members who are being subsisted in kind in a mess and whose duties require them to be absent from their station during one or more meals shall be entitled for each such meal to one-third of the daily basic allowance for subsistence authorized for members on duty at stations where rations in kind are not available.

▪

The Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, and the Federal Security Administrator, with respect to the personnel of the uniformed services within their respective agencies, are hereby authorized, subject to the provisions of section 3 hereof, to prescribe such supplemental regulations, not inconsistent herewith, as they may deem necessary or desirable for carrying out the provisions of this order and of the said section 301 of the Career Compensation Act of 1949: Provided, that such regulations shall be uniform so far as practicable for all the services concerned.

▪

As used in regulations prescribed pursuant to section 2 hereof, those terms of the said section 301 of the Career Compensation Act of 1949 which are quoted in the subsections of this section shall have the meaning or application stated with respect thereto: (a) The term "entitled to receive basic pay" shall be considered applicable to members while they are on the active list or while they are required to perform duty in accordance with law for which they are entitled to basic pay: Provided, that such term shall not be applicable to any member while absent from duty under conditions which, under laws governing the particular service concerned, would prevent him from receiving full basic pay.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities
🏛️

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

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
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
45 / 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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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%).
ℹ️
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
722
4,471 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
28.2
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 by section 301 of the Career Compensation Act of 1949, approved October 12, 1949, approved October 12, 1949 (Public Law 351, 81st Congress), and as President of the United States and Commander in Chief of the armed forces of the United States, I hereby prescribe the following regulations governing the payment of basic allowances for subsistence to members of the uniformed services: SECTION 1. Enlisted members who are being subsisted in kind in a mess and whose duties require them to be absent from their station during one or more meals shall be entitled for each such meal to one-third of the daily basic allowance for subsistence authorized for members on duty at stations where rations in kind are not available. SEC. 2. The Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, and the Federal Security Administrator, with respect to the personnel of the uniformed services within their respective agencies, are hereby authorized, subject to the provisions of section 3 hereof, to prescribe such supplemental regulations, not inconsistent herewith, as they may deem necessary or desirable for carrying out the provisions of this order and of the said section 301 of the Career Compensation Act of 1949: Provided, that such regulations shall be uniform so far as practicable for all the services concerned. SEC. 3. As used in regulations prescribed pursuant to section 2 hereof, those terms of the said section 301 of the Career Compensation Act of 1949 which are quoted in the subsections of this section shall have the meaning or application stated with respect thereto: (a) The term "entitled to receive basic pay" shall be considered applicable to members while they are on the active list or while they are required to perform duty in accordance with law for which they are entitled to basic pay: Provided, that such term shall not be applicable to any member while absent from duty under conditions which, under laws governing the particular service concerned, would prevent him from receiving full basic pay. (b) The term "when rations in kind are not available" shall be considered applicable in the case of enlisted members on duty at stations where it is determined, in accordance with regulations prescribed pursuant to section 2 hereof, that it is impracticable for subsistence in kind to be furnished by the Government. (c) The term "when permission to mess separately is granted" shall be considered applicable in the case of enlisted members on duty at stations or while sick in hospitals where a mess for subsisting enlisted members is available and when such enlisted members are authorized to subsist themselves independently. Such term shall also be considered applicable in the case of enlisted members during all periods of authorized leave, including periods of leave or delay while en route between duty stations. (d) The term "when assigned to duty under emergency conditions where no Government messing facilities are available" shall be considered applicable in the case of enlisted members assigned to duty under conditions requiring extraordinary expenses for subsistence as determined in accordance with regulations prescribed pursuant to section 2 hereof. (e) The term "being subsisted at Government expense" shall be considered applicable to enlisted members who are subsisted in kind by the Government and to enlisted members while they are in a travel status and are entitled to a per-diem allowance in lieu of subsistence or to a mileage allowance. SEC. 4. The existing regulations governing the payment of basic allowances for subsistence to members of the uniformed services prescribed by Executive orders pursuant to the authority contained in the Pay Readjustment Act of 1942 of June 16, 1942, as amended, and existing departmental regulations and determinations with respect to such allowances prescribed or made pursuant to the authority contained in such act or in such Executive orders are hereby adopted and prescribed, so far as applicable and appropriate, as regulations authorized to be prescribed by the President under section 301 of the Career Compensation Act of 1949: Provided, that all such regulations and determinations shall cease to be effective on May 1, 1950. SEC. 5. Section 4 of this order shall become effective immediately, and sections 1, 2, and 3 shall become effective on May 1, 1950. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

March 27, 1950

🔗

Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

📜

Scholarly & Legal Citations

Exec. Order No. 10,119 (Mar. 27, 1950), https://executiveordersarchive.org/orders/app-executive-order-10119-regulations-governing-the-payment-basic-allowances-for-subsistence.