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Executive Order 10827 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.33) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10827—Further Providing for the Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended

Dwight D. Eisenhower Dwight D. Eisenhower
•
Thursday, June 25, 1959
•
6 min read (1,108 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,108 words) • ● In Effect
🎯 Primary Mandate

Sections 4 and 5 of Executive Order No. 10560 of September 9, 1954, as amended, be, and they are hereby, further amended to read as follows: SEC. 4.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments 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 June 25, 1959, this order concerns Further Providing for the Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended. Sections 4 and 5 of Executive Order No. 10560 of September 9, 1954, as amended, be, and they are hereby, further amended to read as follows: SEC. 4. Foreign currencies. (a) (1) The amounts of foreign currencies which accrue under Title I of the Act to be used for the loans described in section 104(g) of the Act, and the amounts of such currencies to be used for loans by the Export-Import Bank pursuant to section…

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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Sections 4 and 5 of Executive Order No. 10560 of September 9, 1954, as amended, be, and they are hereby, further amended to read as follows: SEC. 4.

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The Department of State may allocate or transfer to the Development Loan Fund foreign currencies to be used for loans made by the latter under section 104(g) of the Act in pursuance of section 4(d) (7) (i) hereof.

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Except as otherwise provided in section 4(a) (1) above, the Director of the Bureau of the Budget shall from time to time fix the amounts of foreign currencies which accrue under Title I of the Act to be used for the purposes described in the respective lettered paragraphs of section 104 of the Act (including purposes financed with foreign currencies acquired, or to be acquired, with funds appropriated by the Congress pursuant to the Act) and, to such extent as may be necessary, shall allocate the amounts so fixed among the Government agencies concerned.

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The function conferred upon the President by the last proviso of section 104 of the Act of waiving the applicability of section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), is hereby delegated to the Director of the Bureau of the Budget.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

🏷️ Economy & Finance 🏷️ Trade & Tariffs 🏷️ Agriculture
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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
36 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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

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
1,108
6,564 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
15.4
College Level
Language Tone Score
+0.33
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered that sections 4 and 5 of Executive Order No. 10560 of September 9, 1954, as amended, be, and they are hereby, further amended to read as follows: SEC. 4. Foreign currencies. (a) (1) The amounts of foreign currencies which accrue under Title I of the Act to be used for the loans described in section 104(g) of the Act, and the amounts of such currencies to be used for loans by the Export-Import Bank pursuant to section 4(d) (5) of this order, shall be the amounts thereof specified, or shall be the amounts thereof corresponding to the dollar amounts specified, for such loans in sales agreements entered into pursuant to section 3(a) of this order. The Department of State may allocate or transfer to the Development Loan Fund foreign currencies to be used for loans made by the latter under section 104(g) of the Act in pursuance of section 4(d) (7) (i) hereof. (2) Except as otherwise provided in section 4(a) (1) above, the Director of the Bureau of the Budget shall from time to time fix the amounts of foreign currencies which accrue under Title I of the Act to be used for the purposes described in the respective lettered paragraphs of section 104 of the Act (including purposes financed with foreign currencies acquired, or to be acquired, with funds appropriated by the Congress pursuant to the Act) and, to such extent as may be necessary, shall allocate the amounts so fixed among the Government agencies concerned. (3) The function conferred upon the President by the last proviso of section 104 of the Act of waiving the applicability of section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), is hereby delegated to the Director of the Bureau of the Budget. (b) The Secretary of the Treasury is hereby authorized to prescribe regulations governing the purchase, custody, deposit, transfer, and sale of foreign currencies received under the Act. (c) The foregoing provisions of this section shall not limit section 3 of this order, and the foregoing subsection (b) shall not limit subsection (a) above. (d) The purposes described in the lettered paragraphs of section 104 of the Act shall be carried out, with foreign currencies made available in consonance with law and the provisions of this order, as follows: (1) Those under sections 104(a) and 104(m) (B) of the Act by the Department of Agriculture. (2) Those under section 104 (b) of the Act by the Office of Civil and Defense Mobilization. The function conferred upon the President by that section of determining, from time to time, materials to be contracted for or to be purchased for a supplemental stockpile is hereby delegated to the Director of the Office of Civil and Defense Mobilization. (3) Those under section 104(c) of the Act by the Department of Defense or the Department of State, as those agencies shall agree, or in the absence of agreement, as the Director of the Bureau of the Budget shall determine. (4) Those under sections 104(d) and 104 (e) of the Act by the Department of State, except to the extent that section 104(e) pertains to the loans referred to in subsection (d) (5) of this section. (5) Those under section 104(e) of the Act by the Export-Import Bank of Washington to the extent that section 104(e) pertains to loans governed by that portion of such section added by the act of August 13, 1957, 71 Stat. 345. (6) Those under section 104(f) of the Act by the respective agencies of the Government having authority to pay United States obligations abroad. (7) (i) Those under section 104(g) of the Act by the Department of State and by the Development Loan Fund, as they shall agree. (ii) The function conferred upon the President by section 104(g) of the Act of determining the manner in which the loans provided for in section 104(g) shall be made is hereby delegated to the Secretary of State with respect to loans made by the Department of State pursuant to the assignment of purposes effected under item (i) of this paragraph, and to the Development Loan Fund with respect to loans made by the Development Loan Fund pursuant to such assignment of purposes. (iii) As used herein, the term "the Development Loan Fund" means the Managing Director of the Development Loan Fund, acting subject to the immediate supervision and direction of the board of directors of the Development Loan Fund; but, notwithstanding the foregoing, the Development Loan Fund, with respect to this order, shall be subject to the supervision and direction of the Secretary of State. (8) Those under sections 104(h) and 104(o) of the Act by the Department of State. (9) Those under sections 104(i) and 104(m) (A) of the Act by the United States Information Agency. (10) Those under section 104(j) of the Act by the Department of State and by the United States Information Agency in accordance with the division of responsibilities for the administration of the United States Information and Educational Exchange Act of 1948 (62 Stat. 6) provided by Reorganization Plan No. 8 of 1953 2 (67 Stat. 642) and Executive Order No. 10477 s of August 1, 1953, and by subsequent agreement between the Department of State and the United States Information Agency. (11) Those under section 104(k) of the Act as follows: (i) Those with respect to collecting, collating, translating, abstracting, and disseminating scientific and technological information by the Director of the National Science Foundation and such other agency or agencies as the Director of the Bureau of the Budget, after appropriate consultation, may designate. (ii) All others by such agency or agencies as the Director of the Bureau of the Budget, after appropriate consultation, may designate. As used in this paragraph the term "appropriate consultation" shall include consultation with the Secretary of State, the Director of the National Science Foundation, and any other appropriate Federal agency. (12) Those under section 104(/) of the Act by the Department of State and by any other agency or agencies designated therefor by the Secretary of State. (13) Those under section 104(n) of the Act by the Librarian of Congress. SEC. 5. Reservation of functions to the President. There are hereby reserved to the President the functions conferred upon him by section 108 of the Act, with respect to making reports to Congress. Section 1 of Executive Order No. 10685 of October 27, 1956, is hereby revoked. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

June 25, 1959.

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Referenced By Later Executive Orders (2)

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

References Executive Order 12220—Agricultural Trade Development
Jimmy Carter • 1980-06-27
References Executive Order 10900—Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended
Dwight D. Eisenhower • 1961-01-05
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Scholarly & Legal Citations 

Exec. Order No. 10,827 (June 25, 1959), https://executiveordersarchive.org/orders/app-executive-order-10827-further-providing-for-the-administration-the-agricultural-trade.