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Executive Orders Historical Archive
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Executive Order 10898 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10898—Establishing the Interdepartmental Highway Safety Board

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Friday, December 2, 1960
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3 min read (645 words)

Executive Brief • At a Glance

⏱️ 3 min read (645 words) • ● In Effect
🎯 Primary Mandate

For the purpose of providing Federal leadership and guidance of existing and future official activities that affect the safety of travel on public streets and highways and to establish a coordinated traffic safety program, for Federal agencies, there is hereby established the Interdepartmental Highway Safety Board, hereinafter referred to as the Board.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 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 December 2, 1960, this order concerns Establishing the Interdepartmental Highway Safety Board. For the purpose of providing Federal leadership and guidance of existing and future official activities that affect the safety of travel on public streets and highways and to establish a coordinated traffic safety program, for Federal agencies, there is hereby established the Interdepartmental Highway Safety Board, hereinafter referred to as the Board.

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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For the purpose of providing Federal leadership and guidance of existing and future official activities that affect the safety of travel on public streets and highways and to establish a coordinated traffic safety program, for Federal agencies, there is hereby established the Interdepartmental Highway Safety Board, hereinafter referred to as the Board.

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The Board shall have as members, the following: (1) The Secretary of Commerce, who shall be the chairman of the Board.

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Each head of agency referred to In subsection (b) may provide for an alternate member who shall serve as a member of the Board in lieu of the regular member representing the agency when such regular member is unable to attend any meeting of the Board; and any alternate member shall while serving as such have in all respects the same status as a member of the Board as would the regular member in whose place he Is serving.

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Three members of the Board shall constitute a quorum thereof.

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 2 (Zone of Twilight)
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"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
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
48 / 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

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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
645
4,021 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
15.3
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, It is hereby ordered as follows: SECTION 1. (a) For the purpose of providing Federal leadership and guidance of existing and future official activities that affect the safety of travel on public streets and highways and to establish a coordinated traffic safety program, for Federal agencies, there is hereby established the Interdepartmental Highway Safety Board, hereinafter referred to as the Board. (b) The Board shall have as members, the following: (1) The Secretary of Commerce, who shall be the chairman of the Board. (2) The Secretary of Defense. (3) The Postmaster General. (4) The Secretary of Health, Education, and Welfare. (5) The Chairman of the Interstate Commerce Commission. (6) The Administrator of General Services. (c) Each head of agency referred to In subsection (b) may provide for an alternate member who shall serve as a member of the Board in lieu of the regular member representing the agency when such regular member is unable to attend any meeting of the Board; and any alternate member shall while serving as such have in all respects the same status as a member of the Board as would the regular member in whose place he Is serving. (d) Three members of the Board shall constitute a quorum thereof. SEC. 2. The functions and duties of the Board shall be as follows: (a) To provide leadership to, and to coordinate the traffic safety aspects of programs carried on by, the departments and agencies of the Federal Government. (b) To evaluate the continuing needs In traffic safety research and to formulate plans, priorities, and programs for the conduct of or for assistance to the most urgently needed research through departments and agencies of the Federal Government. (c) To consult and cooperate with State and local officials having a public responsibility for traffic safety and their national associations, with the motor vehicle industry, and with other related interests, in the development and improvement, and particularly in the application, of traffic safety standards in areas such as uniform traffic laws, enforcement practices, accident records, driver licensing, motor vehicle equipment and inspection, traffic engineering, and safety education. (d) To conduct continuing studies of national traffic safety needs as they relate to legislative and administrative actions by the Federal Government, and to report thereon. (e) To perform such other functions and duties as the President may direct to coordinate more effectively the policies, programs, and functions of the departments and agencies of the Federal Government relating to traffic safety, including accident reporting, and to insure an orderly relationship among Federal, State, and local traffic safety programs. SEC. 3. Consonant with law, each agency represented on the Board shall, as may be necessary for the effectuation of the purpose of this order, furnish assistance to the Board in accordance with section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). Such assistance may include detailing employees to the Board, one of whom may serve as Executive Officer, to perform such functions, consistent with the purpose of this order, as the Board may assign to them. SEC. 4. The Board shall be advisory to its individual members and to other heads of executive agencies; and this order shall not be construed as subjecting any agency, officer, or function to its control. The President's Committee for Traffic Safety (provided for in Executive Order No. 10858 of January 13, 1960) shall serve as consultant and advisor to the Board. SEC. 5. The Board shall, from time to time, submit reports to the President on the national progress in traffic safety. The first such report shall include determinations of the status of Federal legislative and administrative needs in the several areas of traffic safety and recommendations for executive or legislative action. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

December 2, 1960.

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Referenced By Later Executive Orders (3)

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

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Scholarly & Legal Citations

Exec. Order No. 10,898 (Dec. 2, 1960), https://executiveordersarchive.org/orders/app-executive-order-10898-establishing-the-interdepartmental-highway-safety-board.