★
Executive Orders Historical Archive
🎲
Cite
Executive Order 11014 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11014—Delegating to the Secretary of Commerce Functions With Respect to Participation of the United States in the New York World's Fair

John F. Kennedy John F. Kennedy
•
Tuesday, April 17, 1962
•
4 min read (838 words)

Executive Brief • At a Glance

⏱️ 4 min read (838 words) • ● In Effect
🎯 Primary Mandate

Functions under the Mutual Educational and Cultural Exchange Act of 1961 (hereinafter referred to as the Act) are hereby delegated to the Secretary of Commerce as follows: (a) The functions conferred upon the President by the provisions of Section 102(a) (3) of the Act (22 U.S.C. 2452(a)(3) ) to the extent that they are in respect of participation by the United States in the New York World's Fair.

View all 4 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 John F. Kennedy on April 17, 1962, this order concerns Delegating to the Secretary of Commerce Functions With Respect to Participation of the United States in the New York World's Fair. Delegation. Functions under the Mutual Educational and Cultural Exchange Act of 1961 (hereinafter referred to as the Act) are hereby delegated to the Secretary of Commerce as follows: (a) The functions conferred upon the President by the provisions of Section 102(a) (3) of the Act (22 U.S.C. 2452(a)(3) ) to the extent that they are in respect of participation by the United States in the New York World's Fair.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪

Functions under the Mutual Educational and Cultural Exchange Act of 1961 (hereinafter referred to as the Act) are hereby delegated to the Secretary of Commerce as follows: (a) The functions conferred upon the President by the provisions of Section 102(a) (3) of the Act (22 U.S.C. 2452(a)(3) ) to the extent that they are in respect of participation by the United States in the New York World's Fair.

▪

Those other functions conferred upon the President by the Act which are incidental to or necessary for the performance of the functions delegated by the provisions of Section l(a) of this order, not including, however, any of the functions so conferred by the provisions of Sections 104(a), 105(c), 108(a), or 108(b) of the Act or by that part of Section 104(b) of the Act which follows the first comma therein.

▪

Any building constructed by the United States as a part of its participation in the fair shall not be a "public building" under the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.).

▪

It is hereby determined that the performance by the Secretary of Commerce of functions delegated to him by the foregoing provisions of this order without regard to the following provisions of law or limitations of authority is in furtherance of the purposes of the Act: (1) That part of Section 15 of the Administrative Expenses Act of 1946 (c. 744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a) which reads " (not in excess of one year) ".

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Government Operations & Civil Service
🏛️

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)
§

"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

"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: Defends Vigor & Dispatch
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
📐

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
52 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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

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%).
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
838
4,812 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
8.4
Grade 8
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 by the Mutual Educational and Cultural Exchange Act of 1961 (Act of September 21, 1961, 75 Stat. 527, P.L. 87-256) and the Public Buildings Act of 1959 (73 Stat. 479), and as President of the United States, I find that the delegations set forth in this order are in the interest of the purposes expressed in the said Act of 1961 and the efficient administration of the programs undertaken pursuant to that Act and I hereby order as follows: SECTION 1. Delegation. Functions under the Mutual Educational and Cultural Exchange Act of 1961 (hereinafter referred to as the Act) are hereby delegated to the Secretary of Commerce as follows: (a) The functions conferred upon the President by the provisions of Section 102(a) (3) of the Act (22 U.S.C. 2452(a)(3) ) to the extent that they are in respect of participation by the United States in the New York World's Fair. (b) Those other functions conferred upon the President by the Act which are incidental to or necessary for the performance of the functions delegated by the provisions of Section l(a) of this order, not including, however, any of the functions so conferred by the provisions of Sections 104(a), 105(c), 108(a), or 108(b) of the Act or by that part of Section 104(b) of the Act which follows the first comma therein. SEC. 2. Cooperation. Interested departments and agencies of the Federal Government, including the Department of State, the United States Information Agency, and the National Science Foundation, are requested to cooperate with the Secretary of Commerce in planning and providing for United States participation in the New York World's Fair. SEC. 3. Exemption. Any building constructed by the United States as a part of its participation in the fair shall not be a "public building" under the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.). SEC. 4. Waivers. (a) It is hereby determined that the performance by the Secretary of Commerce of functions delegated to him by the foregoing provisions of this order without regard to the following provisions of law or limitations of authority is in furtherance of the purposes of the Act: (1) That part of Section 15 of the Administrative Expenses Act of 1946 (c. 744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a) which reads " (not in excess of one year) ". (2) Section 16(a) of the Administrative Expenses Act of 1946 (c. 744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) to the extent that it pertains to hiring automobiles and aircraft. (3) The Civil Service Act of January 16, 1883, 22 Stat. 403, as amended (5 U.S.C. 632 et seq.) and other civil service laws. (4) The Classification Act of 1949, as amended (5 U.S.C. 1071 et seq. ) . (5) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) (advance of funds). (6) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412 (40 U.S.C. 278a) (maximum charges) . (7) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) (competitive bids) . (8) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of bids). (9) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520 (41 U.S.C. 10a) (Buy American Act) . (10) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts limited to one year) . (11) Sections 302-305 of the Federal Property and Administrative Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts; advances). (12) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat. 622, and the second proviso of Section 11 of the Act of March 1, 1919, c. 86, 40 Stat. 1270, as amended (44 U.S.C. 111) to the extent that they pertain to printing by the Government Printing Office. (13) Section 1 of the Act of June 20, 1878, c. 359, 20 Stat. 216, as amended (44 U.S.C. 322) (advertising) . (14) Section 3828 of the Revised Statutes (44 U.S.C. 324) (advertising) . (15) Any provision of law or limitation of authority to the extent that such provision or limitation would limit or prohibit construction of buildings by the United States on property not owned by it. (b) It is directed (1) that all waivers of statutes and limitations of authority effected by the foregoing provisions of this section shall be utilized in a prudent manner and as sparingly as may be practical, and (2) that suitable steps shall be taken by the Department of Commerce to insure that result, including, as may be appropriate, the imposition of administrative limitations in lieu of waived statutory requirements and limitations of authority. SEC. 5. Redelegation. The Secretary of Commerce may redelegate to any officer or agency of the Department of Commerce any function delegated to him by the provisions of this order. JOHN F. KENNEDY

THE WHITE HOUSE, #signature

April 17, 1962

🔗

Referenced By Later Executive Orders (1)

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

Revokes Executive Order 11034—Administration of the Mutual Educational and Cultural Exchange Act of 1961
John F. Kennedy • 1962-06-25
📜

Scholarly & Legal Citations 

Exec. Order No. 11,014 (Apr. 17, 1962), https://executiveordersarchive.org/orders/app-executive-order-11014-delegating-the-secretary-commerce-functions-with-respect.