★
Executive Orders Historical Archive
🎲
Cite
Executive Order 10742 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 10742—Further Providing for the Administration of Foreign-Aid Functions

Dwight D. Eisenhower Dwight D. Eisenhower
•
Friday, November 29, 1957
•
3 min read (644 words)

Executive Brief • At a Glance

⏱️ 3 min read (644 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 10575 of November 6, 1954 (19 F. R. 7249), as amended or affected by Executive Order No. 10610 a(20 F. R. 3179), Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 101 (b) is amended (1) by deleting from the first sentence "sections 402, 505, and 201 of the Act" and inserting in lieu thereof "sections 402 and 505 of the Act", (2) by deleting from the second sentence "sections 201 (a) and 505 of", and (3) by deleting from the third sentence "the said section 505" and inserting in lieu thereof "section 505 of the Act".

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Dwight D. Eisenhower on November 29, 1957, this order concerns Further Providing for the Administration of Foreign-Aid Functions. Executive Order No. 10575 of November 6, 1954 (19 F. R. 7249), as amended or affected by Executive Order No. 10610 a(20 F. R. 3179), Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 101 (b) is amended (1) by deleting from the first sentence "sections 402, 505, and 201 of the Act" and inserting in lieu thereof "sections 402…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

▪

Executive Order No. 10575 of November 6, 1954 (19 F. R. 7249), as amended or affected by Executive Order No. 10610 a(20 F. R. 3179), Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 101 (b) is amended (1) by deleting from the first sentence "sections 402, 505, and 201 of the Act" and inserting in lieu thereof "sections 402 and 505 of the Act", (2) by deleting from the second sentence "sections 201 (a) and 505 of", and (3) by deleting from the third sentence "the said section 505" and inserting in lieu thereof "section 505 of the Act".

▪

Section 103 (a) (2) is amended to read as follows: "(2) The functions conferred upon the President by sections 105 (b) (3), 202, 204, 405 (a), 413 (b) (2) and (3), and 529 (b) and (c) of the Act." (c) A new section 108 is inserted after section 107, reading as follows: "SEC. 108.

▪

There is hereby established, in accordance with section 205 (b) of the Act, the Development Loan Committee, consisting of the Deputy Under Secretary of State for Economic Affairs, who shall be chairman, the Director of the International Cooperation Administration, and the Chairman of the Board of Directors of the Export-Import Bank." SEC. 2.

▪

Executive Order No. 10610 of May 9, 1955 (20 F. R. 3179), as amended or affected by Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 103 (a) is amended to read as follows: "SEC. 103.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

🏷️ Trade & Tariffs
🏛️

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)
§

"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

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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.

🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

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

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

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
644
3,846 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
12
High School
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Mutual Security Act of 1954 (68 Stat. 832), as amended, including particularly sections 521 and 525 thereof, and as President of the United States, it is ordered as follows: SECTION 1. Executive Order No. 10575 of November 6, 1954 (19 F. R. 7249), as amended or affected by Executive Order No. 10610 a(20 F. R. 3179), Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 101 (b) is amended (1) by deleting from the first sentence "sections 402, 505, and 201 of the Act" and inserting in lieu thereof "sections 402 and 505 of the Act", (2) by deleting from the second sentence "sections 201 (a) and 505 of", and (3) by deleting from the third sentence "the said section 505" and inserting in lieu thereof "section 505 of the Act". (b) Section 103 (a) (2) is amended to read as follows: "(2) The functions conferred upon the President by sections 105 (b) (3), 202, 204, 405 (a), 413 (b) (2) and (3), and 529 (b) and (c) of the Act." (c) A new section 108 is inserted after section 107, reading as follows: "SEC. 108. Development Loan Committee. There is hereby established, in accordance with section 205 (b) of the Act, the Development Loan Committee, consisting of the Deputy Under Secretary of State for Economic Affairs, who shall be chairman, the Director of the International Cooperation Administration, and the Chairman of the Board of Directors of the Export-Import Bank." SEC. 2. Executive Order No. 10610 of May 9, 1955 (20 F. R. 3179), as amended or affected by Executive Order No. 10625 (20 F. R. 5571), and Executive Order No. 10663 (21 F. R. 1845), is hereby further amended as follows: (a) Section 103 (a) is amended to read as follows: "SEC. 103. (a) The Secretary of State shall establish, with the offices, personnel, and facilities transferred to the Department of State by or under sections 102 (a) and 302 of this order, an agency in the Department of State which shall be known as the International Cooperation Administration. The agencies transferred by sections 102 (b), (c), and (d) of this order shall be made a part of or attached to the International Cooperation Administration. The International Cooperation Administration shall be headed by the Director of the International Cooperation Administration referred to in the first sentence of section 103 (b) of this order. Except as may be otherwise provided by the Secretary of State, the functions transferred by section 101 hereof shall be carried out by or under the International Cooperation Administration or the Director thereof. The said Administration and all functions, officers, and agencies transferred by this Part shall be subject to the direction and control of the Secretary of State. This order shall not preclude the Secretary of State from transferring elsewhere in the Department of State the transferred offices, personnel, facilities, and agencies referred to in the first and second sentences of this section. To such extent as the Secretary of State shall prescribe, consistent with law, (1) the International Cooperation Administration and any other agencies of the Department of State designated by the Secretary of State shall be deemed to be the successors of the Foreign Operations Administration in respect of transfers to the Department of State made by this order, and (2) the Director of the International Cooperation Administration and any other officers of the Department of State designated by the Secretary of State shall be deemed to be the successors of the Director of the Foreign Operations Administration in respect of transfers to the Secretary of State made by this order." (b) Subsections (b) and (c) of section 104 are hereby revoked. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

November 29, 1957.

🔗

Referenced By Later Executive Orders (2)

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

References Executive Order 10893—Administration of Mutual Security and Related Functions
Dwight D. Eisenhower • 1960-11-08
References Executive Order 10822—Further Providing for the Administration of Foreign-Aid Functions
Dwight D. Eisenhower • 1959-05-20
📜

Scholarly & Legal Citations 

Exec. Order No. 10,742 (Nov. 29, 1957), https://executiveordersarchive.org/orders/app-executive-order-10742-further-providing-for-the-administration-foreign-aid-functions.