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Executive Order 10368 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.44) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10368—Amendment of Executive Order No. 10300, Entitled "Providing for the Administration of the Mutual Security Act of 1951 and Related Statutes"

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Monday, June 30, 1952
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9 min read (1,723 words)

Executive Brief • At a Glance

⏱️ 9 min read (1,723 words) • ● In Effect
🎯 Primary Mandate

Except as otherwise provided in this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U.S. C. 1571-1604) ; the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1501 et seq.), which are continued in effect by section 503 of the Mutual Security Act of 1951, as amended.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 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 June 30, 1952, this order concerns Amendment of Executive Order No. 10300, Entitled "Providing for the Administration of the Mutual Security Act of 1951 and Related Statutes". "SECTION 1. Delegation to the Director for Mutual Security of functions of the President. (a) Except as otherwise provided in this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U.S. C.…

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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Except as otherwise provided in this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U.S. C. 1571-1604) ; the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1501 et seq.), which are continued in effect by section 503 of the Mutual Security Act of 1951, as amended.

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"(b) There are hereby excluded from the functions delegated by section 1 (a) of this order: "(1) The functions conferred upon the President by the laws referred to in section 1 (a) of this order with respect to the appointment of officers required to appointed by and with the advice and consent of the Senate, the transmittal of periodic or special reports to the Congress, and the termination or withdrawal of assistance.

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"(2) The function conferred upon the President with respect to findings, determinations, certification, agreements, transfers of funds, or directives, as the case may be, by section 101 (a) (1), 101 (b), 101, 302 (a), 303 (a) (last sentence), 401, 503 (a) (3), 507 (except as provided in Executive Order No 10338 of April 5, 1952), 511, 513 (a), 513 (b), 530, and 532 of the Mutual Security Act of 1951, as amended; section 303, 402, 407 (b) (2), 408 (f), and 411 (b) of the Mutual Defense Assistance Act of 1949, a s amended; section 105 (c), 111 (b) (2) (first clause), and 119 of the Economic Cooperation Act of 1948, as amended; and so much of the functions conferred by section 5 of the act of May 22, 1947, as amended, as relates to…

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"(c) Funds which have been or may be appropriated or otherwise made available to the President to carry out the laws referred to in section 1 (a) hereof, and section 12 of the Mutual Security Act of 1952 (Public Law 400, approved June 20, 1952), shall be deemed to be allocated to the Director for Mutual Security without any further action by the President, and the said funds may be allocated by the Director for Mutual Security to any agency, department, establishment, or wholly-owned corporation of the Government for obligation or expenditure thereby, consistent with applicable law, subject, however, to the reservation of functions relating to transfer of funds set forth in section 1 (b) (2) hereof.

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 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: 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
43 / 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

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

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
1,723
10,491 characters
Estimated Read Time
9 min
@ 200 words / min
Flesch-Kincaid
19.5
Post-Graduate Legal
Language Tone Score
+0.44
Constitutional Fidelity
How is this scored?
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Official Archival Text

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Executive Order No. 10300 of November 1, 1951, entitled "Providing for the Administration of the Mutual Security Act of 1951 and Related Statutes", is hereby amended to read as follows: "By virtue of the authority vested in me by the laws referred to in section 1 of this order and by sections 301 and 303, inclusive, of title 3 of the United States Code, and as president of the United States, it is ordered as follows: "SECTION 1. Delegation to the Director for Mutual Security of functions of the President. (a) Except as otherwise provided in this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U.S. C. 1571-1604) ; the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1501 et seq.), which are continued in effect by section 503 of the Mutual Security Act of 1951, as amended. "(b) There are hereby excluded from the functions delegated by section 1 (a) of this order: "(1) The functions conferred upon the President by the laws referred to in section 1 (a) of this order with respect to the appointment of officers required to appointed by and with the advice and consent of the Senate, the transmittal of periodic or special reports to the Congress, and the termination or withdrawal of assistance. "(2) The function conferred upon the President with respect to findings, determinations, certification, agreements, transfers of funds, or directives, as the case may be, by section 101 (a) (1), 101 (b), 101, 302 (a), 303 (a) (last sentence), 401, 503 (a) (3), 507 (except as provided in Executive Order No 10338 of April 5, 1952), 511, 513 (a), 513 (b), 530, and 532 of the Mutual Security Act of 1951, as amended; section 303, 402, 407 (b) (2), 408 (f), and 411 (b) of the Mutual Defense Assistance Act of 1949, a s amended; section 105 (c), 111 (b) (2) (first clause), and 119 of the Economic Cooperation Act of 1948, as amended; and so much of the functions conferred by section 5 of the act of May 22, 1947, as amended, as relates to regulations providing for coordination among representatives of the United States Government in each foreign country concerned. "(c) Funds which have been or may be appropriated or otherwise made available to the President to carry out the laws referred to in section 1 (a) hereof, and section 12 of the Mutual Security Act of 1952 (Public Law 400, approved June 20, 1952), shall be deemed to be allocated to the Director for Mutual Security without any further action by the President, and the said funds may be allocated by the Director for Mutual Security to any agency, department, establishment, or wholly-owned corporation of the Government for obligation or expenditure thereby, consistent with applicable law, subject, however, to the reservation of functions relating to transfer of funds set forth in section 1 (b) (2) hereof. "(d) The functions delegated to the Director for Mutual Security by this section shall be deemed to include the authority to redelegate the functions so delegated. "SEC. 2 Designation of agency to pay ocean freight charges on relief supplies and packages and to make informational media guaranties. (a) the Department of State is hereby designated as the department of the Government which shall after June 30, 1952, exercise the authority to pay ocean freight, charges on shipments of relief supplies and packages under section 117 (c) of the Economic Cooperation Act of 1948, as amended (22 U.S.C. 1515 (c) and section 535 of the Mutual Security Act of 1951, as amended. The Director for Mutual Security shall, consistent with applicable law, allocate to the Department of State such amounts of funds now or hereafter available as the Director shall determine to be required for carrying out the purposes of the said sections 117 (c), as amended, and 535, including the liquidation of obligations incurred prior to July 1, 1952, under the said section 117 (c), as amended. "(b) The Department of State is hereby designated as the department of the government which shall after June 30, 1952, exercise the authority to make informational media guaranties under section 111 (b) (3) , and section 536 of the Mutual Security Act of 1951, as amended, and to administer such guaranties made prior to July 1, 1952. The Director for Mutual Security, after consultation with the Secretary of State, shall fix (and may from time to time revise) an amount representing that portion of the limitation prescribed by section 111 (b) (3) (v) of the Economic Cooperation Act of 1948, as amended, which may be utilized by the Secretary of State for informational media guaranties, including the liquidation of obligations outstanding under such guaranties as of the close of business on June 30, 1952. "(c) There shall be transferred to the Department of State so much of the personnel, records, and property of the Mutual Security Agency relating to the functions referred to in section 2 (a) and 2 (b) of this order as the Director for Mutual Security shall determine to be necessary for use in connection with such functions. "SEC. 3. Delegation of functions relating to movement of migrants and to United Nations Children's Fund. (a) The function conferred upon the President by section 534 of the Mutual Security Act of 1951, as amended, of contributing to the Provisional Intergovernmental Committee for the Movement of Migrants from Europe is hereby delegated to the Secretary of State. "(b) The function conferred upon the President by section 12 of the Mutual Security Act oaf 1952 of contribution to the United Nations International Children's Emergency Fund is hereby delegated to the Secretary of State. "(c) The Director of Mutual Security shall allocate to the Department of State funds which have been or may be appropriated or otherwise made available to carry out the functions referred to in sections 3 (a) and 3 (b) of this order. "Sec. 4. International development. The administration of programs under the Act for International Development (Title IV of the act of June 5, 1950, 64 Stat. 204, as amended (22 U.S.C. 1557 et seq.)), in accordance with Executive Order No. 10159 of September 8, 1950, shall be subject to coordination, direction, and supervision by the Director for Mutual Security in accordance with section 501 (a) of the Mutual Security Act of 1951, as amended; and the said Executive Order No. 10159 is amended accordingly. "Sec. 5. Coordination with foreign policy. The Secretary of State and the Director for Mutual Security shall establish and maintain arrangements which will insure that the programs included in the Mutual Security Act of 1951, as amended, shall be carried out in conformity with the established foreign policy of the United States. "Sec. 6. Interrelationship of Director and Secretary of Defense. (a) Consonant with section 501 (a) of the Mutual Security Act of 1951, as amended, the Secretary of Defense shall exercise the responsibility and authority vested in him by section 506 (a) of the said Act, as amended, subject to coordination, direction, and supervision by the Director for Mutual Security. "(b) The Secretary of Defense shall keep the director for Mutual Security fully and currently informed of all matters, including prospective action, relating to the establishment of priorities under section 506 (b) and the furnishing of military items under section 506 (c) of the Mutual Security Act of 1951, as amended. "Sec. 7. Economic cooperation. (a) December 30, 1951, is hereby fixed as the date on which sections 502 (a), 502 (b) (2), and 504 (b) of the Mutual Security Act of 1951 shall take effect. "(b) The Mutual Security Agency is hereby designated as the agency responsible for liquidating any outstanding affairs of the Economic Cooperation Administration which are now or hereafter required to be discontinued by law; and the said Agency shall be deemed to be the successor of the said Administration in all respects, subject to the provisions of the Mutual Security Act of 1951, as amended. "Sec. 8. Transfer of personnel, property records, and funds. So much of the personnel, records, property, and unexpended balances of appropriations, allocations, and other funds of the Department of State as the Director of the Bureau of the Budget determines to relate to functions under the Mutual Defense Assistance Act of 1949, as amended, and the said act of May 22, 1947, and to be required by the Director for Mutual Security for the performance of his functions hereunder shall be transferred to the Director for Mutual Security. "Sec. 9. Prior orders. (a) Effective as of the date fixed in section 7 (a) hereof, with respect to provisions then in force, and except as may be inappropriate, references in prior Executive orders to the Economic Cooperation Administration, the Administrator for Economic Cooperation, and the United States Special Representative for (or in) Europe, shall be considered as references to the Mutual Security Agency, the Director for Mutual Security, and the Special Representative in Europe (provided for in section 504 (a) of the Mutual Security Act of 1951, as amended) respectively. "(b) To the extent that any provision for any prior Executive order is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly. "(c) All orders, regulations, ruling, certificates, directives, agreements, contracts, delegations, determinations, and other actions of any department, agency, or other establishment or officer of the Government relating to any function of under any authority continued in effect by the Mutual Security Act of 1951, as amended, shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority. "(d) Executive Order No. 10099 of January 27, 1950, is hereby revoked. The International Security Affairs Committee (approved by the president December 19, 1950) is hereby terminated. The provisions of the identical letters of the President transmitted to the Secretary of State and the Administrator for Economic Cooperation on April 5, 1951, are hereby revoked. "Sec. 10. Definitions. As used in this order the term 'functions' embraces duties, powers, responsibilities, authority, and discretion." HARRY S. TRUMAN

THE WHITE HOUSE, #signature

June 30, 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. 10,368 (June 30, 1952), https://executiveordersarchive.org/orders/app-executive-order-10368-amendment-executive-order-no-10300-entitled-providing-for-the.