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Executive Orders Historical Archive
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Executive Order 10318 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10318—Establishing the Missouri Basin Survey Commission

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Thursday, January 3, 1952
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4 min read (865 words)

Executive Brief • At a Glance

⏱️ 4 min read (865 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the Missouri Basin Survey Commission, hereinafter referred to as the Commission.

⚖️ 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 Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

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 January 3, 1952, this order concerns Establishing the Missouri Basin Survey Commission. Establishment and composition of the Commission. There is hereby established the Missouri Basin Survey Commission, hereinafter referred to as the Commission. The Commission shall be composed of eleven members who shall be appointed by the President. The President shall designate a chairman and a vice chairman of the Commission from among the members thereof. SEC. 2. Functions of the Commission.

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

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There is hereby established the Missouri Basin Survey Commission, hereinafter referred to as the Commission.

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The Commission shall be composed of eleven members who shall be appointed by the President.

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The President shall designate a chairman and a vice chairman of the Commission from among the members thereof.

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The Commission shall study the land and water resources of the Missouri River Basin and such other related matters as the Commission may deem appropriate, and shall prepare recommendations with respect to an integrated and comprehensive program of development, use, and protection of the said resources.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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 2 (Zone of Twilight)
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"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
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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
52 / 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

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%).
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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
865
5,454 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
15.9
College Level
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 ordered as follows: SECTION 1. Establishment and composition of the Commission. There is hereby established the Missouri Basin Survey Commission, hereinafter referred to as the Commission. The Commission shall be composed of eleven members who shall be appointed by the President. The President shall designate a chairman and a vice chairman of the Commission from among the members thereof. SEC. 2. Functions of the Commission. The Commission shall study the land and water resources of the Missouri River Basin and such other related matters as the Commission may deem appropriate, and shall prepare recommendations with respect to an integrated and comprehensive program of development, use, and protection of the said resources. As used herein, the terms "Missouri River Basin" and "Basin" shall mean the entire Missouri River, its tributaries and watershed, as located in the States of Montana, Wyoming, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Colorado, Minnesota, and Iowa, together with such other portions of the said States, including bodies of water and watersheds in the said portions, as are closely related, with respect to the physical use of land and water, to the Missouri River, its tributaries, and watershed. With respect to the use of power produced or to be produced in whole or in part within the Basin or with water of the Basin, the studies and recommendations of the Commission may extend to areas outside the Basin. In performing its above-described functions the Commission shall: (a) Consider and evaluate existing and proposed plans and programs for the development, protection, and use of land and water resources. (b) Conduct in the Basin such on-the-site surveys and appraisals of land and water resource programs, and provide for the holding of such public hearings as it deems necessary and practicable, with a view toward obtaining accurate and pertinent information and expressions of public sentiment of the inhabitants thereof. (c) To the extent practicable, ascertain estimated costs and benefits of projects and programs. (d) Consult with appropriate State authorities with respect to the development, protection, and use of land and water resources in their respective areas within the Basin, and consult with other bodies and groups as may be appropriate. (e) Take into consideration the present and prospective economy of the Basin, the economic soundness of plans and programs for the development, protection, and use of the said resources, and the proper division of financial responsibility between the Federal Government and the States with respect to such plans and programs. (f) In view of the recent disastrous flood in the Basin, give necessary emphasis to the prevention and control of floods. SEC. 3. Executive Director. There shall be an Executive Director of the Commission, who shall be appointed by the chairman of the Commission after consultation with the other members of the Commission and without regard to the civil service laws. Subject to the direction of the chairman of the Commission, the Executive Director shall direct the activities of all persons employed under the Commission, shall supervise the preparation of reports provided for under section 6 of this Executive order, and shall perform such other duties within the scope of responsibilities of the Commission as the chairman of the Commission shall designate. Within the limits of such funds as may be made available, other persons may be employed by or under the authority of the Commission, and such employment may be without regard to the civil service and classification laws. SEC. 4. Cooperation of Federal agencies. All departments and other agencies of the Executive branch of the Government having functions related to the responsibilities of the Commission are authorized and directed to cooperate with the Commission in its work and to furnish the Commission such information and assistance, not inconsistent with law, as it may require for the performance of its duties. SEC. 5. Financing of the Commission. The expenditures of the Commission shall be paid out of an allotment made by the President from the appropriation entitled "Emergency Fund for the President-National Defense" (Title III of Independent Offices Appropriation Act, 1952, Public Law 137, 82d Congress, approved August 31, 1951). Such payments shall be made without regard to the following: section 3681 of the Revised Statutes (31 U.S.C. 672); section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 UI.S.C. 673); and such other laws as the President may hereafter specify. The members of the Commission and the Executive Director of the Commission shall receive such compensation and expense allowances, payable out of the said allotment, as the President shall hereafter fix, except that no compensation shall be so fixed with respect to any person while receiving other compensation from the United States. SEC. 6. Report to the President. The Commission shall report to the President, in writing and within one year from the date of this order, the results of its studies and its recommendations under section 2 hereof, including any recommendations with respect to necessary legislation. The Commission may also make to the President such earlier report or reports as it may deem appropriate. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

January 3, 1952

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 10,318 (Jan. 3, 1952), https://executiveordersarchive.org/orders/app-executive-order-10318-establishing-the-missouri-basin-survey-commission.