Executive Order 10379 Constitutional Neutral (+0.02)

Executive Order 10379—Suspension of the Operation of Certain Provisions of the Officer Personnel Act of 1947 Applicable to the Retirment of Colonels of the Regular Army and the Regular Air Force

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Saturday, August 2, 1952

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1 min read (288 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President Harry S Truman on 1952-08-02, establishes federal administrative policy concerning "Suspension of the Operation of Certain Provisions of the Officer Personnel Act of 1947 Applicable to the Retirment of Colonels of the Regular Army and the Regular Air Force." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ 906), and as President of the United States, it is ordered that the operation of the provisions of paragraph 3, subsection (d), section 514 of the said Officer Personnel Act of 1947, applicable to the mandatory retirement of colonels of the Regular Army and the Regular Air Force be, and it is hereby suspended for the duration of the emergency proclaimed by proclamation No.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants

Total Words

288

1,698 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

32.3

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 10379, Harry S Truman (Aug 2, 1952). Available at https://executiveordersarchive.org/orders/app-executive-order-10379-suspension-the-operation-certain-provisions-the-officer-personnel.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by subsection (f) of section 514 of the Officer Personnel Act of 1947 (61 Stat. 906), and as President of the United States, it is ordered that the operation of the provisions of paragraph 3, subsection (d), section 514 of the said Officer Personnel Act of 1947, applicable to the mandatory retirement of colonels of the Regular Army and the Regular Air Force be, and it is hereby suspended for the duration of the emergency proclaimed by proclamation No. 2914 of December 16, 1950, or until June 30, 1957, which ever is earlier, but t only with respect to such colonels of the Regular Army and the Regular Air Force as the appropriate Secretary shall, in his discretion, select among those who but for the suspension made by this order would be eliminated from the active list and retired pursuant to the provisions of the said paragraph 3, subsection (d), section 514; Provided, that in no event shall the total number of officers so selected by the appropriate Secretary for retention exceed sixty percent of the total number of officers in the respective service who but for the suspension made by this order would be eliminated from the active list and retired, after the date hereof, pursuant to the provisions of the said paragraph 3, subsection (d), section 514: And provided further, that such selection shall be based upon military needs, the qualification of the officers selected, and such other factors as the appropriate Secretary may deem appropriate, and shall be effected in accordance with rules and regulations prescribed by the said Secretary, with the approval of the Secretary of Defense. HARRY S. TRUMAN THE WHITE HOUSE, August 2, 1952