★
Executive Orders Historical Archive
Cite
Executive Order 10807 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.29) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10807—Federal Council for Science and Technology

•
Friday, March 13, 1959
•
6 min read (1,287 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,287 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the Federal Council for Science and Technology (hereinafter referred to as the Council).

⚖️ 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 Dwight D. Eisenhower on March 13, 1959, this order concerns Federal Council for Science and Technology. Establishment of Council. (a) There is hereby established the Federal Council for Science and Technology (hereinafter referred to as the Council). (b) The Council shall be composed of the following-designated members: (1) the Special Assistant to the President for Science and Technology, (2) one representative of each of the following-named departments, who shall be designated by the Secretary of the Department…

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

▪

There is hereby established the Federal Council for Science and Technology (hereinafter referred to as the Council).

▪

The Council shall be composed of the following-designated members: (1) the Special Assistant to the President for Science and Technology, (2) one representative of each of the following-named departments, who shall be designated by the Secretary of the Department concerned and shall be an official of the Department of policy rank: the Departments of Defense, the Interior, Agriculture, Commerce, and Health, Education, and Welfare, (3) the Director of the National Science Foundation, (4) the Administrator of the National Aeronautics and Space Administration, and (5) a representative of the Atomic Energy Commission, who shall be the Chairman of the Commission or another member of the Commission designated by the Chairman.

▪

A representative of the Secretary of State designated by the Secretary and a representative of the Director of the Bureau of the Budget designated by the Director may attend meetings of the Council as observers.

▪

The Chairman of the Council (hereinafter referred to as the Chairman) shall be designated by the President from time to time from among the members thereof.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
🏛️

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

"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
📐

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
34 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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%).
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
1,287
8,349 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
18
Post-Graduate Legal
Language Tone Score
+0.29
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS science and technology are essential resources for the security and welfare of the United States; and WHEREAS Federal programs in science and technology will advance our security, health, and economic welfare and the quality of education in the United States; and WHEREAS closer cooperation among Federal agencies will facilitate the resolution of common problems in science and technology, promote a greater measure of coordination, and otherwise improve the planning and management of Federal programs in these fields:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. Establishment of Council. (a) There is hereby established the Federal Council for Science and Technology (hereinafter referred to as the Council). (b) The Council shall be composed of the following-designated members: (1) the Special Assistant to the President for Science and Technology, (2) one representative of each of the following-named departments, who shall be designated by the Secretary of the Department concerned and shall be an official of the Department of policy rank: the Departments of Defense, the Interior, Agriculture, Commerce, and Health, Education, and Welfare, (3) the Director of the National Science Foundation, (4) the Administrator of the National Aeronautics and Space Administration, and (5) a representative of the Atomic Energy Commission, who shall be the Chairman of the Commission or another member of the Commission designated by the Chairman. A representative of the Secretary of State designated by the Secretary and a representative of the Director of the Bureau of the Budget designated by the Director may attend meetings of the Council as observers. (c) The Chairman of the Council (hereinafter referred to as the Chairman) shall be designated by the President from time to time from among the members thereof. The Chairman may make provision for another member of the Council, with the consent of such member, to act temporarily as Chairman. (d) The Chairman (1) may request the head of any Federal agency not named in section 2(b) of this order to designate a representative to participate in meetings or parts of meetings of the Council concerned with matters of substantial interest to the agency, and (2) may invite other persons to attend meetings of the Council. (e) The Council shall meet at the call of the Chairman. SEC. 2. Functions of Council. (a) The Council shall consider problems and developments in the fields of science and technology and related activities affecting more than one Federal agency or concerning the overall advancement of the Nation's science and technology, and shall recommend policies and other measures (1) to provide more effective planning and administration of Federal scientific and technological programs, (2) to identify research needs including areas of research requiring additional emphasis, (3) to achieve more effective utilization of the scientific and technological resources and facilities of Federal agencies, including the elimination of unnecessary duplication, and (4) to further international cooperation in science and technology. In developing such policies and measures the Council, after consulting, when considered appropriate by the Chairman, the National Academy of Sciences, the President's Science Advisory Committee, and other organizations, shall consider (i) the effects of Federal research and development policies and programs on non-Federal programs and institutions, (ii) long-range program plans designed to meet the scientific and technological needs of the Federal Government, including manpower and capital requirements, and (iii) the effects of non-Federal programs in science and technology upon Federal research and development policies and programs. (b) The Council shall consider and recommend measures for the effective implementation of Federal policies concerning the administration and conduct of Federal programs in science and technology. (c) The Council shall perform such other related duties as shall be assigned, consonant with law, by the President or by the Chairman. (d) The Chairman shall, from time to time, submit to the President such of the Council's recommendations or reports as require the attention of the President by reason of their importance or character. SEC. 3. Agency assistance to Council. (a) For the purpose of effectuating this order, each Federal agency represented on the Council shall furnish necessary assistance to the Council in consonance with section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). Such assistance may include (1) detailing employees to the Council to perform such functions, consistent with the purposes of this order, as the Chairman may assign to them, and (2) undertaking, upon request of the Chairman, such special studies for the Council as come within the functions herein assigned to the Council. (b) Upon request of the Chairman, the heads of Federal agencies shall, so far as practicable, provide the Council with information and reports relating to the scientific and technological activities of the respective agencies. SEC. 4. Standing committees and panels. For the purpose of conducting studies and making reports as directed by the Chairman, standing committees and panels of the Council may be established in consonance with the provisions of section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). At least one such standing committee shall be composed of scientist-administrators representing Federal agencies, shall provide a forum for consideration of common administrative policies and procedures relating to Federal research and development activities and for formulation of recommendations thereon, and shall perform such other related functions as may be assigned to it by the Chairman of the Council. SEC. 5. Security procedures. The Chairman shall establish procedures to insure the security of classified information used by or in the custody of the Council or employees under its jurisdiction. SEC. 6. Other orders; construction of orders. (a) Executive Order No. 9912' of December 24, 1947, entitled "Establishing the Interdepartmental Committee on Scientific Research and Development," is hereby revoked. (b) Executive Order No. 10521 of March 17, 1954, entitled "Administration of Scientific Research by Agencies of the Federal Government," is hereby amended: (1) By substituting for section 1 thereof the following: "SECTION 1. The National Science Foundation (hereinafter referred to as the Foundation) shall from time to time recommend to the President policies for the promotion and support of basic research and education in the sciences, including policies with respect to furnishing guidance toward defining the responsibilities of the Federal Government in the conduct and support of basic scientific research." (2) By inserting before the words "scientific research programs and activities" in section 3 thereof the word "basic". (3) (i) By adding the word "and" at the end of paragraph (a) of section 8 thereof, (ii) by deleting the semicolon and the word "and" at the end of paragraph (b) of section 8 and inserting in lieu thereof a period, and (iii) by revoking paragraph (c) of section 8. (4) By adding at the end of the order a new section 10 reading as follows: "SEC. 10. The National Science Foundation shall provide leadership in the effective coordination of the scientific information activities of the Federal Government with a view to improving the availability and dissemination of scientific information. Federal agencies shall cooperate with and assist the National Science Foundation in the performance of this function, to the extent permitted by law." (c) The provisions of Executive Order No. 10521, as hereby amended, shall not limit the functions of the Council under this order. The provisions of this order shall not limit the functions of any Federal agency or officer under Executive Order No. 10521, as hereby amended. (d) The Council shall be advisory to the President and to the heads of Federal agencies represented on the Council; accordingly, this order shall not be construed as subjecting any agency, officer, or function to control by the Council. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

March 13, 1959.

🔗

Referenced By Later Executive Orders (1)

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

📜

Scholarly & Legal Citations

Exec. Order No. 10,807 (Mar. 13, 1959), https://executiveordersarchive.org/orders/app-executive-order-10807-federal-council-for-science-and-technology.