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Executive Order 11036 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 11036—Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended

John F. Kennedy John F. Kennedy
•
Wednesday, July 11, 1962
•
3 min read (524 words)

Executive Brief • At a Glance

⏱️ 3 min read (524 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 10900 of January 5, 1961, as amended, be, and it is hereby, further amended as follows: ( I ) By substituting for Section 4 ( a ) the following: "SEC. 4.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities Financial Institutions & Monetary Authorities
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 July 11, 1962, this order concerns Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended. Executive Order No. 10900 of January 5, 1961, as amended, be, and it is hereby, further amended as follows: ( I ) By substituting for Section 4 ( a ) the following: "SEC. 4. Foreign currencies. (a) (1) Foreign currencies which accrue under Title I of the Act may be used for the purposes set forth in Section 104 of the Act in amounts consonant with applicable provisions of law and of sales agreements and loan…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Executive Order No. 10900 of January 5, 1961, as amended, be, and it is hereby, further amended as follows: ( I ) By substituting for Section 4 ( a ) the following: "SEC. 4.

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Except as may be inconsistent with such law or agreements, priority shall be accorded to the sale of such currencies to appropriations or to their sale otherwise for dollars.

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To such extent as he may deem necessary, the Director of the Bureau of the Budget shall fix the amounts of such currencies to be used for the purposes set forth in Section 104.

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The Director shall notify the Secretary of the Treasury with respect to any amounts so fixed.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

🏷️ Economy & Finance
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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)
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"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: Supportive of Execution
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
23 / 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

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

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
524
3,013 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
14.3
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
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Official Archival Text

View Source Document

By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered that Executive Order No. 10900 of January 5, 1961, as amended, be, and it is hereby, further amended as follows: ( I ) By substituting for Section 4 ( a ) the following: "SEC. 4. Foreign currencies. (a) (1) Foreign currencies which accrue under Title I of the Act may be used for the purposes set forth in Section 104 of the Act in amounts consonant with applicable provisions of law and of sales agreements and loan agreements. Except as may be inconsistent with such law or agreements, priority shall be accorded to the sale of such currencies to appropriations or to their sale otherwise for dollars. To such extent as he may deem necessary, the Director of the Bureau of the Budget shall fix the amounts of such currencies to be used for the purposes set forth in

Section 104. #sec-104

The Director shall notify the Secretary of the Treasury with respect to any amounts so fixed. "(2) The function conferred upon the President by the penultimate provisions of Section 104 of the Act of waiving the applicability of Section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), is hereby delegated to the Secretary of State in respect of Section 104 (e) of the Act and to the Director of the Bureau of the Budget in all other respects." (II) By inserting the following new paragraph after Section 4(d) (4): "(5) Those under Section 104(s) of the Act by the Department of the Treasury in consultation with the Department of State. The function conferred upon the President by Section 104(s) of the Act of prescribing terms and conditions is hereby delegated to the Secretary of the Treasury and shall be performed by him in consultation with the Secretary of State." (III) By substituting for Section 4(d)(7) the following: "'(7) Those under Section 104(g) of the Act by the Department of State. The function conferred upon the President by Section 104(g) of the Act of determining the manner in which the loans provided for in that section shall be made is hereby delegated to the Secretary of State." JOHN F. KENNEDY

THE WHITE HOUSE, #signature

July 11, 1962 (II) By inserting the following new paragraph after Section 4(d) (4): "(5) Those under Section 104(s) of the Act by the Department of the Treasury in consultation with the Department of State. The function conferred upon the President by Section 104(s) of the Act of prescribing terms and conditions is hereby delegated to the Secretary of the Treasury and shall be performed by him in consultation with the Secretary of State." (III) By substituting for Section 4(d)(7) the following: "'(7) Those under Section 104(g) of the Act by the Department of State. The function conferred upon the President by Section 104(g) of the Act of determining the manner in which the loans provided for in that section shall be made is hereby delegated to the Secretar.y of State." JOHN F. KENNEDY

THE WHITE HOUSE, #signature-2

July 11, 1962

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Scholarly & Legal Citations 

Exec. Order No. 11,036 (July 11, 1962), https://executiveordersarchive.org/orders/app-executive-order-11036-administration-the-agricultural-trade-development-and-assistance-act.