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Executive Order 11070 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 11070—Amendment of the List of Communicable Diseases Contained in Executive Order No. 9708 of March 26, 1946, as Amended by Executive Order No. 10532 of May 28, 1954

John F. Kennedy

•

Wednesday, December 12, 1962

•

1 min read (277 words)

Executive Brief • At a Glance

⏱️ 1 min read (277 words) • ● In Effect

🎯 Primary Mandate

The list of communicable diseases contained in Executive Order No. 9708, as amended by Executive Order No. 10532, is hereby further amended by including therein a specification of the communicable disease Chickenpox and a specification of the communicable diseases Hemolytic Streptococcal Infections in place of Scarlet Fever and Streptococcic Sore Throat, so that such list shall read as follows: "Anthrax, Chancroid, Chickenpox, Cholera, Dengue, Diphtheria, Favus, Gonorrhea, Granuloma Inguinale, Hemolytic Streptococcal Infections, Infectious Encephalitis, Leprosy, Lymphogranuloma Venereum, Meningococcus Meningitis, Plague, Poliomyelitis, Psittacosis, Relapsing Fever (louse-borne), Ringworm of the Scalp, Smallpox, Syphilis, Trachoma…

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⚖️ Constitutional Footing

⚖️✨ Zone 2: Zone of Twilight

Concurrent Authority / Congressional Silence

📜 Art. II §1: Executive Discretion & Internal Operations

Framers' constitutional debate ↓

🏛️ Scope & Affected Sectors

Private Citizens & Property Owners Public Health & Medical Institutions

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 December 12, 1962, this order concerns Amendment of the List of Communicable Diseases Contained in Executive Order No. 9708 of March 26, 1946, as Amended by Executive Order No. 10532 of May 28, 1954. The list of communicable diseases contained in Executive Order No. 9708, as amended by Executive Order No. 10532, is hereby further amended by including therein a specification of the communicable disease Chickenpox and a specification of the communicable diseases Hemolytic Streptococcal Infections in place of Scarlet Fever and Streptococcic Sore Throat, so that such list shall read as follows: "Anthrax, Chancroid…

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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Constitutional & Societal Entities Impacted

🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

Policy Areas & Topics

🏷️ Healthcare & Public Health

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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)

"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

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

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

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

41 / 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

High Friction

Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.

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

277

1,960 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

21.3

Post-Graduate Legal

Language Tone Score

+0.02

Constitutional Neutral

How is this scored?

Text size:

Official Archival Text

View Source Document

WHEREAS Executive Order No. 9708 of March 26, 1946, as amended by Executive Order No. 10532 of May 28, 1954, specifies certain communicable diseases for the purpose of regulations providing for the apprehension, detention, or conditional release of individuals to prevent the introduction, transmission, or spread of communicable diseases; and WHEREAS the National Advisory Health Council and the Surgeon General of the Public Health Service have recommended that the communicable disease Chickenpox be likewise specified by including the designation thereof in the list of communicable diseases contained in the said Executive orders, and that the communicable diseases Hemolytic Streptococcal Infections be likewise specified by including the designation thereof in said list in place of Scarlet Fever and Streptococcic Sore Throat; and WHEREAS it appears that such specifications would be in the public interest:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by section 361 (b) of the Public Health Service Act, approved July 1, 1944 (58 Stat. 703; 42 U.S.C. 264), and as President of the United States, the list of communicable diseases contained in Executive Order No. 9708, as amended by Executive Order No. 10532, is hereby further amended by including therein a specification of the communicable disease Chickenpox and a specification of the communicable diseases Hemolytic Streptococcal Infections in place of Scarlet Fever and Streptococcic Sore Throat, so that such list shall read as follows: "Anthrax, Chancroid, Chickenpox, Cholera, Dengue, Diphtheria, Favus, Gonorrhea, Granuloma Inguinale, Hemolytic Streptococcal Infections, Infectious Encephalitis, Leprosy, Lymphogranuloma Venereum, Meningococcus Meningitis, Plague, Poliomyelitis, Psittacosis, Relapsing Fever (louse-borne), Ringworm of the Scalp, Smallpox, Syphilis, Trachoma, Tuberculosis, Typhoid Fever, Typhus, Yellow Fever." JOHN F. KENNEDY

THE WHITE HOUSE, #signature

December 12, 1962

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Referenced By Later Executive Orders (1)

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

Revokes Executive Order 12452—Revised List of Quarantinable Communicable Diseases

Ronald Reagan • 1983-12-22

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Scholarly & Legal Citations

Exec. Order No. 11,070 (Dec. 12, 1962), https://executiveordersarchive.org/orders/app-executive-order-11070-amendment-the-list-communicable-diseases-contained-executive-order.