★
Executive Orders Historical Archive
Cite
Executive Order 10894 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 10894—Establishing the President's Committee on Migratory Labor

•
Tuesday, November 15, 1960
•
3 min read (673 words)

Executive Brief • At a Glance

⏱️ 3 min read (673 words) • ● In Effect
🎯 Primary Mandate

There Is hereby established, subject to the provisions of this order, the President's Committee on Migratory Labor (hereinafter referred to as the Committee), which shall be composed of the Secretary of Labor, who shall be Chairman of the Committee, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and the Administrator of the Housing and Home Finance Agency.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities

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 15, 1960, this order concerns Establishing the President's Committee on Migratory Labor. There Is hereby established, subject to the provisions of this order, the President's Committee on Migratory Labor (hereinafter referred to as the Committee), which shall be composed of the Secretary of Labor, who shall be Chairman of the Committee, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and the Administrator of the Housing and Home Finance…

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

▪

There Is hereby established, subject to the provisions of this order, the President's Committee on Migratory Labor (hereinafter referred to as the Committee), which shall be composed of the Secretary of Labor, who shall be Chairman of the Committee, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and the Administrator of the Housing and Home Finance Agency.

▪

To assure effective functioning of the Committee and uninterrupted participation of each department and agency represented on the Committee, the head of each such department or agency shall designate an appropriate officer or employee of his department or agency as an alternate member to participate in the affairs of the Committee whenever the member may be absent or otherwise unable to participate.

▪

The Committee may request the head of any other Federal department or agency to designate a representative to participate in the affairs of the Committee as desirable in furthering the work of migratory labor programs.

▪

The Committee shall (1) maintain continuing review and assessment of the needs of migrant workers and their families, (2) aid the various Federal agencies in mobilizing, stimulating, and coordinating more effective programs and services for such migrants and in providing services to State and local areas through their constituent agencies, (3) facilitate and encourage the development of actions designed to promote improved living and working conditions of migratory workers, and (4) work with State and other public and non-public agencies in improving the living and working conditions of migratory workers.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ Public Health & Medical Institutions
🏛️

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.

⚖️ Discretionary Twilight Zone
41 / 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

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
673
4,406 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
30.6
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS migratory labor plays an essential part in the Nation's economy, particularly in agriculture, in jobs of a temporary or seasonal nature; and WHEREAS a substantial number of workers and their families migrate annually to find employment on farms and in rural communities, and perform services in many States; and WHEREAS most of such workers are unskilled and have annual earnings that are low; travel and housing conditions that are often substandard; limited educational opportunities for their children because of migration; less access to community services than permanent residents; and, because of the seasonal or short-term nature of their employment, have difficulty in accumulating assets adequate for satisfactory living conditions; and WHEREAS many of the workers and their families are handicapped in seeking economic and social attainments because of the seasonal nature of their employment; and WHEREAS it is in the national interest to assist such migratory workers and their families in achieving working and living conditions more compatible with those of other workers in the Nation; and WHEREAS on August 26, 1954, I established a Federal Interdepartmental Committee on Migratory Labor, later designated as the President's Committee on Migratory Labor, to assume leadership in developing cooperative relations in improving the social and economic welfare of our domestic migratory farm workers; and WHEREAS, in order that the President's Committee on Migratory Labor may be enabled to make even greater progress toward the achievement of its objectives, it is now appropriate to consolidate its accomplishments and to provide for more formal Federal organization for its activities with respect to migratory labor programs, and with continuing recognition of the responsibility of the individual States in the field of migratory labor:

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. (a) There Is hereby established, subject to the provisions of this order, the President's Committee on Migratory Labor (hereinafter referred to as the Committee), which shall be composed of the Secretary of Labor, who shall be Chairman of the Committee, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and the Administrator of the Housing and Home Finance Agency. (b) To assure effective functioning of the Committee and uninterrupted participation of each department and agency represented on the Committee, the head of each such department or agency shall designate an appropriate officer or employee of his department or agency as an alternate member to participate in the affairs of the Committee whenever the member may be absent or otherwise unable to participate. (c) The Committee may request the head of any other Federal department or agency to designate a representative to participate in the affairs of the Committee as desirable in furthering the work of migratory labor programs. SEC. 2. The Committee shall (1) maintain continuing review and assessment of the needs of migrant workers and their families, (2) aid the various Federal agencies in mobilizing, stimulating, and coordinating more effective programs and services for such migrants and in providing services to State and local areas through their constituent agencies, (3) facilitate and encourage the development of actions designed to promote improved living and working conditions of migratory workers, and (4) work with State and other public and non-public agencies in improving the living and working conditions of migratory workers. To these ends the Committee is empowered to enlist the aid and cooperation of Federal officials, Governors' Committees, local committees, National civic and church groups, and employer and worker organizations. SEC. 3. The Departments and Agencies represented on the Committee shall, as may be necessary for the purpose of effectuating the provisions of this order, furnish assistance to the Committee, including detailing of personnel, but excluding transfer of funds, in accordance with section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691), or any other applicable laws. The Department of Labor shall provide necessary space and facilities for the Committee. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

November 15, 1960.

📜

Scholarly & Legal Citations

Exec. Order No. 10,894 (Nov. 15, 1960), https://executiveordersarchive.org/orders/app-executive-order-10894-establishing-the-presidents-committee-migratory-labor.