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Executive Order 10250 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 10250—Providing for the Performance of Certain Functions of the President by the Secretary of the Interior

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Tuesday, June 5, 1951
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7 min read (1,481 words)

Executive Brief • At a Glance

⏱️ 7 min read (1,481 words) • ● In Effect
🎯 Primary Mandate

The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375, 49 Stat. 477 (16 U.S.C. 19), to appoint members of the National Park Trust Fund Board.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities 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 June 5, 1951, this order concerns Providing for the Performance of Certain Functions of the President by the Secretary of the Interior. The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375, 49 Stat. 477 (16 U.S.C. 19), to appoint members of the National Park Trust Fund Board.

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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The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375, 49 Stat. 477 (16 U.S.C. 19), to appoint members of the National Park Trust Fund Board.

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The authority vested in the President by section 2059 of the Revised Statutes (25 U.S.C. 62) to discontinue any Indian agency, or transfer the same, from the place or tribe designated by law to such other place or tribe as the public service may require.

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The authority vested in the President by the act of March 1, 1907, ch. 2285, 34 Stat. 1016 (25 U.S.C. 140), to divert appropriations made for certain purposes to other uses for the benefit of the several Indian tribes: Provided, that the Secretary of the Interior shall make to the Congress reports required in connection with action taken by him under this provision.

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So much of the authority vested in the President by section 5(a) of the act of February 22, 1935, ch. 18, 49 Stat. 31 (15 U.S.C. 715d(a)), as has not heretofore been delegated to the Secretary of the Interior, to prescribe such regulations as may be found necessary or appropriate for the enforcement of the provisions of that act. 2.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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The Framers' Constitutional Council

1787 Prism

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

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
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
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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

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

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

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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
1,481
8,565 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
10.1
High School
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 11 of the act of February 22, 1935, 49 Stat. 33, and section 1 of the act of August 8, 1950, 64 Stat. 419 (Public Law 673, 81st Congress), and as President of the United States, it is ordered as follows: 1. The Secretary of the Interior is hereby designated and empowered to perform the following-described functions of the President without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 1 of the act of July 10, 1935, ch. 375, 49 Stat. 477 (16 U.S.C. 19), to appoint members of the National Park Trust Fund Board. (b) The authority vested in the President by section 2059 of the Revised Statutes (25 U.S.C. 62) to discontinue any Indian agency, or transfer the same, from the place or tribe designated by law to such other place or tribe as the public service may require. (c) The authority vested in the President by section 6 of the act of May 17, 1882, ch. 163, 22 Stat. 88, as amended (25 U.S.C. 63), to consolidate two or more Indian agencies into one, to consolidate one or more Indian tribes, and to abolish such agencies as are thereby rendered unnecessary. (d) The authority vested in the President by the act of March 1, 1907, ch. 2285, 34 Stat. 1016 (25 U.S.C. 140), to divert appropriations made for certain purposes to other uses for the benefit of the several Indian tribes: Provided, that the Secretary of the Interior shall make to the Congress reports required in connection with action taken by him under this provision. (e) The authority vested in the President by section 5 of the act of February 8, 1887, ch. 119, 24 Stat. 389, as amended (25 U.S.C. 348), by the act of December 24, 1942, ch. 814, 56 Stat. 1081 (25 U.S.C. 348a), by the act of June 21, 1906, ch. 3504, 34 Stat. 326 (25 U.S.C. 391), and by section 3 of the act of January 12, 1891, 26 Stat. 712, as amended by section 3 of the act of March 2, 1917, ch. 146, 39 Stat. 976, to extend trust periods on land patents issued to Indians and to continue restrictions on alienation. (f) The authority vested in the President by section 2554(b) of the Internal Revenue Code (26 U.S.C. 2554(b)) to authorize certain persons in the Virgin Islands to obtain certain drugs for legitimate medical purposes without regard to order forms, and by section 2603(b) of such Code (26 U.S.C. 2603(b)) to provide for the registration of and the imposition of special and transfer taxes upon persons in the Virgin Islands who import, manufacture, produce, compound, sell, deal in, dispense, prescribe, administer, or give away marihuana: Provided, that the Secretary of the Interior shall perform the functions referred to in this subsection in consultation with the Department of the Treasury. (g) The authority vested in the President by section 2343 of the Revised Statutes (30 U.S.C. 46) to establish additional land districts and to appoint necessary officers under existing laws when deemed necessary for the public convenience in executing certain provisions of law with respect to mineral lands and mining. (h) The authority vested in the President by section 2252 of the Revised Statutes as affected by section 403 of Reorganization Plan No. 3 of 1946, 60 Stat. 1100 (43 U.S.C. 121), to order the discontinuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory. (i) The authority vested in the President by section 2250 of the Revised Statutes (43 U.S.C. 125) to discontinue a land office in a land district under certain circumstances and to annex the same to some other adjoining land district. (j) The authority vested in the President by section 2251 of the Revised Statutes (43 U.S.C. 126) to change the location of the land offices in the several land districts established by law and to relocate the same from time to time at such point in the district as may be deemed expedient. (k) The authority vested in the President by section 2253 of the Revised Statutes (43 U.S.C. 127) to change and reestablish the boundaries of land districts. (l) The authority vested in the President by section 2 of the act of March 2, 1917, ch. 145, 39 Stat. 951, as amended (48 U.S.C. 737), to approve the payment out of the Treasury for other purposes of money derived from any tax levied or assessed for a special purpose in Puerto Rico. (m) The authority vested in the President by section 7 of the act of March 2, 1917, ch. 14b, 39 Stat. 954, as amended (48 U.S.C. 748), to convey to the people of Puerto Rico lands, buildings, or interests in lands, or other property owned by the United States, and to accept lands, buildings, or other interests or property by legislative grant from Puerto Rico. (n) The authority vested in the President by section 3(b) of the act of March 3, 1925, ch. 426, 43 Stat. 1111, as amended (50 U.S.C. 164(b)), to approve regulations governing the production and sale of helium for medical scientific, and commercial use. (o) The authority vested in the President by section 6 of the act of April 26, 1906, ch. 1876, 34 Stat. 139, to remove from office the principal chief of the Choctaw, Cherokee, Creek, or Seminole tribe or the governor of the Chickasaw tribe, to declare any such office vacant, and to fill any vacancy in any such office arising from removal, disability, or death of the incumbent. (p) The authority vested in the President by section 28 of the act of April 26, 1906, ch. 1876, 34 Stat. 148, to approve acts, ordinances, or resolutions of the tribal council or legislature of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes or nations, and to approve contracts, involving the payment or expenditure of money or affecting property belonging to any of the said tribes or nations, made by them or any of them or by any officer thereof. (q) So much of the authority vested in the President by section 5(a) of the act of February 22, 1935, ch. 18, 49 Stat. 31 (15 U.S.C. 715d(a)), as has not heretofore been delegated to the Secretary of the Interior, to prescribe such regulations as may be found necessary or appropriate for the enforcement of the provisions of that act. 2. The Secretary of the Interior is hereby designated and empowered to perform, without the approval, ratification, or other action of the President, the following functions which have heretofore, under the respective provisions of law cited, required the approval, ratification, or other action of the President in connection with their performance by the Secretary of the Interior. (a) The authority vested in the Secretary of the Interior by section 1 of the act of June 6, 1942, ch. 380, 56 Stat. 326 (16 U.S.C. 459r), to convey or lease to the States or to the political subdivisions thereof any or all of certain recreational demonstration projects and lands and equipment comprised within such projects or any parts of such projects; and to transfer to other Federal agencies any of the said recreational demonstration areas that may be of use to such agencies. (b) The authority vested in the Secretary of the Interior by section 3 of the act of July 3, 1918, ch. 128, 40 Stat. 755, as amended, and as affected by section 4(f) of Reorganization Plan No. II, effective July 1, 1939, 53 Stat. 1433 (16 U.S.C. 704), to promulgate regulations permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any migratory bird included in the terms of certain conventions, or any part, nest, or egg thereof. (c) The authority vested in the Secretary of the Interior by section 3 of the act of June 30, 1932, ch. 320, 47 Stat. 446 (48 U.S.C. 321b), to distribute certain duties, authority, and appropriations, and to make rules and regulations with respect to the use of roads, trails, and other works, including the fixing and collection of tolls, in Alaska. 3. As used in this order, the term "functions" embraces duties, powers, responsibilities, authority, or discretion, and the term "perform" may be construed to mean "exercise". 4. All actions heretofore taken by the President in respect of the matters affected by this order and in force at the time of the issuance of this order, including regulations prescribed by the President in respect of such matters, shall, except as they may be inconsistent with the provisions of this order, remain in effect until modified or revoked pursuant to the authority conferred by this order. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

June 5, 1951

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Referenced By Later Executive Orders (2)

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

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Scholarly & Legal Citations

Exec. Order No. 10,250 (June 5, 1951), https://executiveordersarchive.org/orders/app-executive-order-10250-providing-for-the-performance-certain-functions-the-president-the.