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Executive Order 11071 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 11071—Designation of Certain Foreign Countries as Economically Less Developed Countries for Purposes of the Revenue Act of 1962

John F. Kennedy John F. Kennedy
•
Thursday, December 27, 1962
•
2 min read (438 words)

Executive Brief • At a Glance

⏱️ 2 min read (438 words) • ● In Effect
🎯 Primary Mandate

For purposes of subpart A (sec. 901 and following) and subpart F (sec. 951 and following) of part III of subchapter N, and section 1248 of part IV of subchapter P, of chapter 1 of the Internal Revenue Code of 1954, the following areas are designated as economically less developed countries: ( a ) all foreign countries (including Trust Territories ) in existence on or after December 31, 1962, other than Australia, Austria, Belgium, Canada, Denmark, France, Federal Republic of Germany, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Union of South Africa, San Marino, Spain, Sweden, Switzerland, United Kingdom, and any foreign country within the Sino-Soviet bloc, as defined in section 2; (b) each territory…

View all 3 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
Executive Departments & Federal Civil Servants Private Citizens & Property Owners 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 December 27, 1962, this order concerns Designation of Certain Foreign Countries as Economically Less Developed Countries for Purposes of the Revenue Act of 1962. Economically less developed countries. For purposes of subpart A (sec. 901 and following) and subpart F (sec. 951 and following) of part III of subchapter N, and section 1248 of part IV of subchapter P, of chapter 1 of the Internal Revenue Code of 1954, the following areas are designated as economically less developed countries: ( a ) all foreign countries (including Trust Territories ) in existence on or after…

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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For purposes of subpart A (sec. 901 and following) and subpart F (sec. 951 and following) of part III of subchapter N, and section 1248 of part IV of subchapter P, of chapter 1 of the Internal Revenue Code of 1954, the following areas are designated as economically less developed countries: ( a ) all foreign countries (including Trust Territories ) in existence on or after December 31, 1962, other than Australia, Austria, Belgium, Canada, Denmark, France, Federal Republic of Germany, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Union of South Africa, San Marino, Spain, Sweden, Switzerland, United Kingdom, and any foreign country within the Sino-Soviet bloc, as defined in section 2; (b) each territory…

▪

For purposes of this Order, the term "foreign country within the Sino-Soviet bloc" shall mean Albania, Bulgaria, any part of China which is dominated or controlled by International Communism, Cuba, Czechoslovakia, Estonia, Hungary, any part of Korea which is dominated or controlled by International Communism, Latvia, Lithuania, Outer Mongolia, Poland (including any area under its provisional administration ), Rumania, Soviet Zone of Germany and the Soviet Sector of Berlin, Tibet, Union of Soviet Socialist Republics and the Kurile Islands, Southern Sakhalin, and areas in East Prussia which are under the provisional administration of the Union of Soviet Socialist Republics, and any part of Viet-Nam which is dominated or controlled by…

▪

The Secretary of the Treasury or his delegate is authorized to prescribe from time to time regulations, rulings, directions, and instructions to carry out the purposes of this Order.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

🏷️ Labor & Employment
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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)
§

"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.

⚖️ Discretionary Twilight Zone
31 / 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

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 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
438
2,773 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
20
Post-Graduate Legal
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 section 955 (c) (3) of the Internal Revenue Code of 1954, as added by section 12(a) of the Revenue Act of 1962, approved October 16, 1962 (Public Law 87-834, 76 Stat. 1015), by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. Economically less developed countries. For purposes of subpart A (sec. 901 and following) and subpart F (sec. 951 and following) of part III of subchapter N, and section 1248 of part IV of subchapter P, of chapter 1 of the Internal Revenue Code of 1954, the following areas are designated as economically less developed countries: ( a ) all foreign countries (including Trust Territories ) in existence on or after December 31, 1962, other than Australia, Austria, Belgium, Canada, Denmark, France, Federal Republic of Germany, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Union of South Africa, San Marino, Spain, Sweden, Switzerland, United Kingdom, and any foreign country within the Sino-Soviet bloc, as defined in section 2; (b) each territory, department, province, and possession (other than Hong Kong) of any foreign country in existence on or after December 31, 1962, other than of a foreign country within the SinoSoviet bloc, as defined in section 2, if the territory, department, province, or possession is overseas from the foreign country of which it is a territory, department, province, or possession; and (c) the Commonwealth of Puerto Rico and all possessions of the United States. SEC. 2. Definition of the term "foreign country within the SinoSoviet bloc". For purposes of this Order, the term "foreign country within the Sino-Soviet bloc" shall mean Albania, Bulgaria, any part of China which is dominated or controlled by International Communism, Cuba, Czechoslovakia, Estonia, Hungary, any part of Korea which is dominated or controlled by International Communism, Latvia, Lithuania, Outer Mongolia, Poland (including any area under its provisional administration ), Rumania, Soviet Zone of Germany and the Soviet Sector of Berlin, Tibet, Union of Soviet Socialist Republics and the Kurile Islands, Southern Sakhalin, and areas in East Prussia which are under the provisional administration of the Union of Soviet Socialist Republics, and any part of Viet-Nam which is dominated or controlled by International Communism. SEC. 3. Rules and regulations. The Secretary of the Treasury or his delegate is authorized to prescribe from time to time regulations, rulings, directions, and instructions to carry out the purposes of this Order. SEC. 4. Effective date. This Order shall become effective December 31, 1962. JOHN KENNEDY

THE WHITE HOUSE, #signature

December 27, 1962

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Referenced By Later Executive Orders (1)

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

References Executive Order 11224—Designation of Certain Foreign Countries as Economically Less Developed Countries for Purposes of the Interest Equalization Tax
Lyndon B. Johnson • 1965-05-13
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Scholarly & Legal Citations 

Exec. Order No. 11,071 (Dec. 27, 1962), https://executiveordersarchive.org/orders/app-executive-order-11071-designation-certain-foreign-countries-economically-less-developed.