★
Executive Orders Historical Archive
🎲
Cite
Executive Order 11086 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.33) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 11086—Amendment of Executive Order No. 10587 Relating to the Administration of Section 32(h) of the Trading With the Enemy Act

John F. Kennedy John F. Kennedy
•
Tuesday, February 26, 1963
•
2 min read (347 words)

Executive Brief • At a Glance

⏱️ 2 min read (347 words) • ● In Effect
🎯 Primary Mandate

Sections 1, 2 and 3 of Executive Order No. 10587 of January 13, 1955 (20 F.R. 361) are amended to read as follows: "SECTION 1.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Private Citizens & Property Owners Foreign Nations & International Entities
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 February 26, 1963, this order concerns Amendment of Executive Order No. 10587 Relating to the Administration of Section 32(h) of the Trading With the Enemy Act. Sections 1, 2 and 3 of Executive Order No. 10587 of January 13, 1955 (20 F.R. 361) are amended to read as follows: "SECTION 1. The Jewish Restitution Successor Organization, a charitable membership organization incorporated under the laws of the State of New York, is hereby designated as successor in interest to deceased persons in accordance with and for the purposes of subsection (h) of section 32 of the Trading…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪

Sections 1, 2 and 3 of Executive Order No. 10587 of January 13, 1955 (20 F.R. 361) are amended to read as follows: "SECTION 1.

▪

The Jewish Restitution Successor Organization, a charitable membership organization incorporated under the laws of the State of New York, is hereby designated as successor in interest to deceased persons in accordance with and for the purposes of subsection (h) of section 32 of the Trading with the Enemy Act, as added by the Act of August 23, 1954 (68 Stat. 767), and amended by section 204(a) of Public Law 87-846, approved October 22, 1962 (76 Stat. 1114).

▪

Exclusive of the designation of the Jewish Restitution Successor Organization under section 1 of this Order and the exercise of jurisdiction over the claims referred to in section 3, the Foreign Claims Settlement Commission is hereby delegated and shall carry out the functions provided for in subsection (h) of section 32 of the Trading with the Enemy Act, as amended, including the designation or refusal of designation of other organizations under the first sentence of that subsection, the payment of $500,000 out of the War Claims Fund to the designated organization or organizations and all other powers, duties, authority and discretion vested in or conferred upon the President.

▪

Jurisdiction over the claims filed by the Jewish Restitution Successor Organization with the Attorney General under subsection (h) of section 32 of the Trading with the Enemy Act prior to the amendment thereof by section 204(a) of Public Law 87-846 shall remain with the Attorney General pending the discharge of such claims by that organization's acceptance of payment pursuant to subsection (h) , as amended, or other discharge of such claims pursuant to law."

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

🏷️ Uncategorized
🏛️

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: Strong Prerogative Support
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
📐

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%).
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
347
2,051 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.4
Post-Graduate Legal
Language Tone Score
+0.33
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Trading with the Enemy Act, as amended (50 U.S.C. App. 1 et seq. ), and by section 301 of title 3 of the United States Code (65 Stat. 713), and as President of the United States, it is ordered that sections 1, 2 and 3 of Executive Order No. 10587 of January 13, 1955 (20 F.R. 361) are amended to read as follows: "SECTION 1. The Jewish Restitution Successor Organization, a charitable membership organization incorporated under the laws of the State of New York, is hereby designated as successor in interest to deceased persons in accordance with and for the purposes of subsection (h) of section 32 of the Trading with the Enemy Act, as added by the Act of August 23, 1954 (68 Stat. 767), and amended by section 204(a) of Public Law 87-846, approved October 22, 1962 (76 Stat. 1114). "SEC. 2. Exclusive of the designation of the Jewish Restitution Successor Organization under section 1 of this Order and the exercise of jurisdiction over the claims referred to in section 3, the Foreign Claims Settlement Commission is hereby delegated and shall carry out the functions provided for in subsection (h) of section 32 of the Trading with the Enemy Act, as amended, including the designation or refusal of designation of other organizations under the first sentence of that subsection, the payment of $500,000 out of the War Claims Fund to the designated organization or organizations and all other powers, duties, authority and discretion vested in or conferred upon the President. "SEC. 3. Jurisdiction over the claims filed by the Jewish Restitution Successor Organization with the Attorney General under subsection (h) of section 32 of the Trading with the Enemy Act prior to the amendment thereof by section 204(a) of Public Law 87-846 shall remain with the Attorney General pending the discharge of such claims by that organization's acceptance of payment pursuant to subsection (h) , as amended, or other discharge of such claims pursuant to law." JOHN F. KENNEDY

THE WHITE HOUSE, #signature

February 26, 1963

📜

Scholarly & Legal Citations 

Exec. Order No. 11,086 (Feb. 26, 1963), https://executiveordersarchive.org/orders/app-executive-order-11086-amendment-executive-order-no-10587-relating-the-administration.