Of Executive Order No. 11017 of April 27, 1962, which established the Recreation Advisory Council, is hereby amended by inserting "the Secretary of Commerce," immediately after "the Secretary of Defense,".
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President John F. Kennedy on November 28, 1962, this order concerns Amending Executive Order No. 11017 so as to Designate the Secretary of Commerce as a Member of the Recreation Advisory Council. Of Executive Order No. 11017 of April 27, 1962, which established the Recreation Advisory Council, is hereby amended by inserting "the Secretary of Commerce," immediately after "the Secretary of Defense,".
Of Executive Order No. 11017 of April 27, 1962, which established the Recreation Advisory Council, is hereby amended by inserting "the Secretary of Commerce," immediately after "the Secretary of Defense,".
Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"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."
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.
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.
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.
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Directs internal executive branch machinery, agency workflows, and federal personnel.
Engages state and local partners in cooperative federalism programs.
Focuses on internal governmental operations with no direct impairment of private rights or property.
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
By virtue of the authority vested in me as President of the United States, Section 1 (a) of Executive Order No. 11017 of April 27, 1962, which established the Recreation Advisory Council, is hereby amended by inserting "the Secretary of Commerce," immediately after "the Secretary of Defense,". JOHN F. KENNEDY
November 28, 1962
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
1 order cited directly in this text, plus related actions from this administration.
Recreation Advisory Council. (a) There is hereby established the Recreation Advisory Council (hereinafter referred to as the Council). The Council shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of…
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John F. Kennedy Exec. Order No. 11,069 (Nov. 28, 1962), https://executiveordersarchive.org/orders/app-executive-order-11069-amending-executive-order-no-11017-so-designate-the-secretary.
