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Executive Order 10837 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10837—Amending the Selective Service Regulations

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Monday, September 14, 1959
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10 min read (1,995 words)

Executive Brief • At a Glance

⏱️ 10 min read (1,995 words) • ● In Effect
🎯 Primary Mandate

I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10232 of April 18, 1951, No. 10292 of September 25, 1951, No. 10328 of February 20, 1952, No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1.

⚖️ 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 September 14, 1959, this order concerns Amending the Selective Service Regulations. I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10232 of April 18, 1951, No. 10292 of September 25, 1951, No. 10328 of February 20, 1952, No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1.

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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I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10232 of April 18, 1951, No. 10292 of September 25, 1951, No. 10328 of February 20, 1952, No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1.

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Sections 1602.5 and 1602.11 of Part 1602, Definitions, are amended to read as follows: § 1602.5 Governor.

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21 of Part 1604, Selective Service Officers, is amended to read as follows: § 1604.21 Area.

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In the Canal Zone, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, the State of Hawaii, the State of Idaho, the State of Montana, the State of Wyoming, and each State of the United States constituting one Federal judicial district, each State Director of Selective Service shall establish one appeal board area which shall comprise the entire State or possession.

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)
§

"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.

🛡️ High Constitutional Concordance
27 / 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

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 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%).
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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
1,995
11,747 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
14.3
College Level
Language Tone Score
+0.23
Constitutional Fidelity
How is this scored?
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Official Archival Text

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📑Sections Outline (2 sections)

By virtue of the authority vested in me by the Universal Military Training and Service Act (62 Stat. 604), as amended, I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10232 of April 18, 1951, No. 10292 of September 25, 1951, No. 10328 of February 20, 1952, No. 10344 of April 17, 1952, No. 10594 of January 31, 1955, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1. (a) Sections 1602.5 and 1602.11 of Part 1602, Definitions, are amended to read as follows: § 1602.5 Governor. The word "Governor" includes, where applicable, the Governor of each of the States of the United States, the Board of Commissioners of the District of Columbia, the Governor of Puerto Rico, the Governor of the Virgin Islands, the Governor of Guam, and the Governor of the Canal Zone. § 1602.11 State. The word "State" includes, where applicable, the several States of the United States, the City of New York, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone. (b) The following new section is added to Part 1602 immediately following § 1602.12: § 1602.13 Continental United States. The term "continental United States" means the District of Columbia and all of the several States of the United States except the States of Alaska and Hawaii. 2.

Section 1604. #sec-1604

21 of Part 1604, Selective Service Officers, is amended to read as follows: § 1604.21 Area. In the Canal Zone, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, the State of Hawaii, the State of Idaho, the State of Montana, the State of Wyoming, and each State of the United States constituting one Federal judicial district, each State Director of Selective Service shall establish one appeal board area which shall comprise the entire State or possession. In each State which is divided into two or more Federal judicial districts, except the State of New York and the City of New York, each State Director of Selective Service shall establish for each such district an appeal board area which shall comprise the entire district. The State Director of Selective Service for the State of New York shall establish for each Federal judicial district or portion thereof in that State located outside of the City of New York an appeal board area which shall comprise the entire district or portion thereof. The State Director of Selective Service for New York City shall establish for each of the Federal judicial districts located partly within the City of New York an appeal board area which shall comprise the entire portion of such district located within the City of New York. 3.

Section 1621. #sec-1621

16 of Part 1621, Preparation for Classification, is amended to read as follows: § 1621.16 Permit to leave the United States. Local boards are authorized to issue to a registrant a permit to depart from the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone to any place which is not within any of those areas, and should issue the permit unless it is found that the registrant's absence is likely to interfere with the performance of his obligations under the Universal Military Training and Service Act, as amended. Such permit shall be issued by the completion of a Permit of the Local Board for Registrant to Depart from the United States (SSS Form No. 300). Before determining whether a permit should be issued, the local board may require the registrant to complete and file his Classification Questionnaire (SSS Form No. 100) and such other forms and information as may be necessary to complete his classification and may order him for armed forces physical examination. The local board may thereupon classify the registrant if it appears necessary to a determination of the advisability of issuing the permit. No registrant who is in a class available for military service or for civilian work in lieu of induction shall be issued a permit by the local board until after he has been given an armed forces physical examination unless the registrant's absence is to be for so short a period that it will not interfere with the performance of his selective service obligations. 4. Subparagraphs (2) and (4) of paragraph (c) of § 1626.2 of Part 1626, Appeal to Appeal Board, are amended to read as follows: (2) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located in one and the local board which classified the registrant is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. (4) Within 60 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico. 5. Paragraph (d) of § 1628.14 of Part 1628, Physical Examination, is amended to read as follows: (d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. 6. Paragraph (d) of § 1632.9 of Part 1632, Delivery and Induction, is amended to read as follows: (d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination. or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. 7. (a) Paragraph (a) of § 1655.2 of Part 1655, Registration of United States Citizens Outside of the United States and Classification of Such Registrants, is amended to read as follows: (a) Unless he is a person excepted from registration by section 6(a) of the Universal Military Training and Service Act, as amended, every male citizen of the United States outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone who has not been registered and who on July 31, 1952, had attained or who thereafter shall have attained the eighteenth anniversary of the day of his birth and who on July 31, 1952, had not attained the twenty-sixth anniversary of the day of his birth, is required, on the day or days fixed by Proclamation of the President, to present himself for and submit to registration before (1) any diplomatic or consular officer of the United States who is a citizen of the United States, all of whom are hereby appointed chief registrars; or (2) any other person who may be appointed by the Director of Selective Service as chief registrar; or (3) any registrar appointed as provided in § 1655.3. (b) Paragraph (a) of § 1655.4 of Part 1655 is amended to read as follows: (a) Each person who presents himself for registration under the provisions of the regulations in this part shall be registered on a Registration Questionnaire—Foreign (SSS Form No. 50) which shall be completed by the registrar. Each such person who is registered shall designate for entry on line 2 of his Registration Questionnaire—Foreign (SSS Form No. 50) the address of his place of residence within the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone or, if he does not have a place of residence in any of such areas, he may nevertheless designate the address of a place in such areas as his place of residence. If any such person fails or refuses to designate for entry on line 2 of his Registration Questionnaire—Foreign (SSS Form No. 50) an address of a place within any of such areas, jurisdiction over him under the Universal Military Training and Service Act, as amended, shall vest in District of Columbia Local Board No. 100 (Foreign). (c) Paragraph (b) of § 1655.5 of Part 1655 is amended to read as follows: (b) District of Columbia Local Board No. 100 (Foreign) shall have jurisdiction for all purposes under the selective service law over any person who at the time of his registration under the provisions of the regulations in this part does not designate for entry on line 2 of his Regisiration Questionnaire—Foreign (SSS Form No. 50) an address of a place within the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. (d) Subparagraph (4) of paragraph (b) of § 1655.6 of Part 1655 is amended to read as follows: (4) Mail the completed Registration Certificate (SSS Form No. 2) to the registrant at his present mailing address as given on line 3 of the Registration Questionnaire—Foreign (SSS Form No. 50); provided, that if such mailing address is outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico, such form shall be mailed to the Director of Selective Service for transmittal to the registrant. 8. Paragraph (b) of § 1660.31 of Part 1660, Civilian Work in Lieu of Induction, is amended to read as follows: (b) When the civilian work to which a registrant is ordered by the local board in lieu of induction is to be performed at any place outside the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, and the Canal Zone, and the registrant has reported for such work, the local board, after classifying the registrant in Class I-W, shall forward the registrant's Cover Sheet (SSS Form No. 101) and contents to the Director of Selective Service. It shall be the responsibility of the Director of Selective Service to see that the registrant performs the work to which he has been ordered by the local board for a period of twenty-four consecutive months, unless sooner released under the provisions of § 1660.21. When the registrant has satisfactorily completed this work, the Director of Selective Service shall return the registrant's cover sheet to the local board together with a letter stating that the registrant has satisfactorily completed his work. If the registrant should fail to perform such work, or should otherwise fail to perform his duties under the Universal Military Training and Service Act, as amended, during the time that his cover sheet is in the custody of the Director of Selective Service, the Director of Selective Service shall determine whether or not the registrant shall be reported to the Department of Justice for prosecution. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

September 14, 1959.

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Scholarly & Legal Citations

Exec. Order No. 10,837 (Sept. 14, 1959), https://executiveordersarchive.org/orders/app-executive-order-10837-amending-the-selective-service-regulations.