Executive Order 10861 Constitutional Friction / Overreach (-0.19)

Executive Order 10861—Suspension of Certain Provisions of Section 5762 of Title 10 of the United States Code Which Relate to the Promotion of Officers of the Supply Corps, Chaplain Corps, Civil Engineer Corps, and Medical Service Corps of the Navy

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Thursday, February 11, 1960

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1 min read (297 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 Dwight D. Eisenhower on 1960-02-11, establishes federal administrative policy concerning "Suspension of Certain Provisions of Section 5762 of Title 10 of the United States Code Which Relate to the Promotion of Officers of the Supply Corps, Chaplain Corps, Civil Engineer Corps, and Medical Service Corps of the Navy." 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

▪ By virtue of the authority vested In me by section 5785 (b) of title 10 of the United States Code, it is ordered as follows: SECTION 1.

▪ 2914 of December 16, 1950, shall end.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions

Total Words

297

1,733 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

22.2

Post-Grad reading level

Constitutional Polarity

-0.19

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 10861, Dwight D. Eisenhower (Feb 11, 1960). Available at https://executiveordersarchive.org/orders/app-executive-order-10861-suspension-certain-provisions-section-5762-title-10-the-united.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested In me by section 5785 (b) of title 10 of the United States Code, it is ordered as follows: SECTION 1. Except as to the provision which reads The Secretary of the Navy shall furnish the appropriate selection board convened under chapter 643 of this title with the number of officers, not restricted In the performance of duty, other than women officers appointed under section 5590 of this title, that may be recommended for promotion to the grade of captain or commander In the Medical Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer Corps, Dental Corps, or the Medical Service Corps * * *, the provisions of section 5762 (a) of title 10 of the United States Code, to the extent that such provisions are applicable to promotions to the grade of captain In the Supply Corps, the Chaplain Corps, the Civil Engineer Corps, and the Medical Service Corps, are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950. shall end. SEC. 2. Except as to the provision which reads The Secretary shall furnish the appropriate selection board convened under chapter 643 of this title with the number of male officers In the Supply or the Civil Engineer Corps, not restricted In the performance of duty, that may be recommended for promotion to the grade of lieutenant commander or lieutenant • • •, the provisions of section 5762(b) of title 10 of the United States Code, are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, shall end. DWIGHT D. EISENHOWER THE WHITE HOUSE, February 11, 1960.