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Executive Order 11095 ⚖️⚠️ Zone 3: Lowest Ebb Constitutional Friction / Overreach (-0.19) 📜 Art. II §2: Commander-in-Chief / War Prerogative Tension

Executive Order 11095—Assigning Emergency Preparedness Functions to: The Board of Directors of the Tennessee Valley Authority; The Railroad Retirement Board; The Administrator of the National Aeronautics and Space Administration; The Federal Power Commission; The Director of the National Science Foundation

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Tuesday, February 26, 1963
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9 min read (1,848 words)

Executive Brief • At a Glance

⏱️ 9 min read (1,848 words) • ● In Effect
🎯 Primary Mandate

The Board of Directors of the Tennessee Valley Authority, the Railroad Retirement Board, the Administrator of the National Aeronautics and Space Administration, the Federal Power Commission, and the Director of the National Science Foundation (hereinafter referred to collectively as Heads of agencies) shall prepare national emergency plans and develop preparedness programs covering functions assigned. to them in this order.

⚖️ Constitutional Footing
⚖️⚠️ Zone 3: Lowest Ebb
Incompatible with Expressed Will of Congress or High Friction
📜 Art. II §2: Commander-in-Chief / War Prerogative Tension
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 Assigning Emergency Preparedness Functions to: The Board of Directors of the Tennessee Valley Authority; The Railroad Retirement Board; The Administrator of the National Aeronautics and Space Administration; The Federal Power Commission; The Director of the National Science Foundation. Scope. The Board of Directors of the Tennessee Valley Authority, the Railroad Retirement Board, the Administrator of the National Aeronautics and Space Administration, the Federal Power Commission, and the Director of the National Science Foundation (hereinafter referred to collectively as Heads of agencies) shall prepare national emergency plans and develop preparedness programs covering functions assigned. to…

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

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The Board of Directors of the Tennessee Valley Authority, the Railroad Retirement Board, the Administrator of the National Aeronautics and Space Administration, the Federal Power Commission, and the Director of the National Science Foundation (hereinafter referred to collectively as Heads of agencies) shall prepare national emergency plans and develop preparedness programs covering functions assigned. to them in this order.

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These plans and programs shall be designed to develop a state of readiness with respect to all conditions of national emergency, including attack upon the United States.

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The Railroad Retirement Board shall: (a) Manpower functions.

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The Administrator of the National Aeronautics and Space Administration shall: (a) Research and development.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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 3 (Lowest Ebb)
§

"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Incompatible with Expressed Will of Congress or High Friction
JM

James Madison

Separation of Powers & Legislative Primacy

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)

Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.

Madisonian Stance: Strict Dissent (Overreach)
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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: Vehement Objection
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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.

⚠️ Elevated Constitutional Friction
52 / 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

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

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

High Friction

The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.

Benchmark: Incompatible with Expressed Will of Congress or High Friction
⚖️ Audit Synthesis

This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.

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
1,848
12,776 characters
Estimated Read Time
9 min
@ 200 words / min
Flesch-Kincaid
17.9
Post-Graduate Legal
Language Tone Score
-0.19
Constitutional Friction / Overreach
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me as President of the United States, including authority vested in me by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), it is hereby ordered as follows: SECTION 1. Scope. The Board of Directors of the Tennessee Valley Authority, the Railroad Retirement Board, the Administrator of the National Aeronautics and Space Administration, the Federal Power Commission, and the Director of the National Science Foundation (hereinafter referred to collectively as Heads of agencies) shall prepare national emergency plans and develop preparedness programs covering functions assigned. to them in this order. These plans and programs shall be designed to develop a state of readiness with respect to all conditions of national emergency, including attack upon the United States. SEC. 2. Tennessee Valley Authority. The Board of Directors of the Tennessee Valley Authority (hereinafter referred to as TVA) shall: (a) Electric power. Assist the Department of the Interior in the development of plans for the integration of the TVA power system into national emergency programs and prepare plans for the emergency management, operation, and maintenance of the system and for its essential expansion. (b) Waterways. Assist the Interstate Commerce Commission in the development of plans for .integration and control of inland waterway transportation systems and, m cooperation with the Department 9f Defense, prepare plans for the management, operation, and maintenance of the river control system in the Tennessee River and certain of its tributaries for navigation during an emergency. (c) Flood control. Develop plans and maintain its river control operations for the prevention or control of floods caused by natural phenomena or overt and covert attack affecting the Tennessee River System and, in so doing, collaborate with the Department of Defense with respect to the control of water in the lower Ohio and Mississippi Rivers. (d) Health and sanitary water supplies. Assist the Department of Health, Education, and Welfare in the development of plans and programs covering. health service, civilian health manpower, and health resources in the TVA area and prepare plans for the management, operation, and maintenance of the Tennessee River system consistent with the needs for sanitary public water supplies, waste disposal, and vector control. (e) Coordination of Water use. Develop plans for determining or proposing priorities for the use of water by TVA in the event of conflicting claims arising from the functions listed above. (f) Fertilizer. Assist the Department of Agriculture in the development of plans for the distribution and claimancy of fertilizer; work with the Departments of Commerce and Defense in the development of TVA production quotas and any essential expansion of production facilities and prepare plans for the management, operation, and maintenance of its facilities for the manufacture of nitrogen and phosphorous fertilizers. (g) Munitions production. Perform chemical research in munitions as requested by the Department of Defense, maintain standby munitions production facilities, and develop plans for converting and utilizing fertilizer facilities as required in support of the Department of Defense's munitions program. (h) Land management. Develop plans for the maintenance, management, and utilization of TVA-controlled lands in the interests of an emergency economy. (i) Radiological monitoring. Develop and maintain capability to perform radiological fallout monitoring for the purpose of protecting TVA personnel and exchanging such information with appropriate national, regional, state, and local civil defense organizations. (j) Food and forestry. Assist the Department of Agriculture in the development of plans for the harvesting and processing of fish and game, and the Department of Commerce in the development of plans for the production and processing of forest products. (k) Coordination with Valley States. Prepare plans and agreements with Tennessee Valley States, consistent with Federal programs for appropriate integration of TVA and State plans for the use of available TVA resources. SEC. 3. Railroad Retirement Board. The Railroad Retirement Board shall: (a) Manpower functions. Within the framework of the overall manpower plans and programs of the Department of Labor, assist in the mobilization of civilian manpower in an emergency by developing plans for the recruitment and referral of that segment of the Nation's manpower resources subject to the Railroad Retirement and Railroad Unemployment Insurance Acts. (b) Benefit payments. Assist the Department of Health, Education, and Welfare and the Department of Labor, as appropriate, by developing plans for administering, under emergency conditions, the essential aspects of the provision of benefits under the Railroad Retirement Act and the Railroad Unemployment Insurance Act. SEC. 4. National Aeronautics and Space Administration. The Administrator of the National Aeronautics and Space Administration shall: (a) Research and development. Adapt and utilize the scientific and technological capability of the National Aeronautics and Space Administration, consistent with over-all requirements, to meet priority needs of the programs of the Federal Government in an emergency. This will include the direction and conduct of essential research and development activities relating to (1) aircraft, spacecraft, and launch vehicles, (2) associated instrumentation, guidance, control and pay-load, propulsion and communications systems, (3) scientific phenomena affecting both manned and unmanned space flights, (4) the life sciences (biology, medicine, and psychology) as they apply to aeronautics and space, and (5) atmospheric and geophysical sciences. (b) Military support. Provide direct assistance as requested by the Department of Defense and other agencies in support of the military effort. This may include (1) undertaking urgent projects to develop superior aircraft, spacecraft, launch vehicles, and weapons systems, (2) developing methods to counter novel or revolutionary enemy weapons systems, (3) providing technical advice and assistance on matters involving air and space activities, and (4) furnishing personnel and facilities to assist in emergency repairs of equipment deficiencies and for other essential purposes. SEC. 5. Federal Power Commission. The Federal Power Commission shall assist the Department of the Interior in connection with emergency preparedness functions with respect, to electric power and natural gas as specified in an agreement between the Secretary of the Interior and the Chairman of the Federal Power Commission. SEC. 6. National Science Foundation. The Director of the National Science Foundation shall: (a) Manpower functions. Assist the Department of Labor in sustaining readiness for the mobilization of civilian manpower by: (1) maintaining the Foundation's register of scientific and technical personnel in such form and at such locations as will assure maximum usefulness in an emergency; (2) being prepared for rapid expansion of the Foundation's current operation as a central clearing house for information covering all scientific and technical personnel in the United States and its possessions; and (3) developing, in consultation with the Department of Labor, the Selective Service System, the Department of Defense, and the Office of Science and Technology, plans and procedures to assure the most effective distribution and utilization of the Nation's scientific and engineering manpower in an emergency. (b) Special functions. (1) Provide leadership in developing, with the assistance of Federal and State agencies and appropriate non-governmental organizations, the ability to mobilize scientists, in consonance with over-all civilian manpower mobilization programs, to perform or assist in performance of special tasks, including the identification of and defense against unconventional warfare; (2) advance the national radiological defense capability by including, in consultation with appropriate agencies, pertinent scientific information and radiological defense techniques in the Foundation's scientific institute program for science, mathematics, and engineering teachers; (3) assemble data on the location and character of major scientific research facilities, including non-governmental as well as government facilities, and their normal inventories of types of equipment and instruments which would be useful in identification and analysis of hazards to human life ]n the aftermath of enemy attack; and (4) prepare to carry on necessary programs for basic research and for training of scientific manpower. SEC. 7. Cooperation with Department of Defense. In consonance with national civil defense plans, programs, and operations of the Department of Defense under Executive Order No. 10952, Heads of agencies shall, as appropriate: (a) Facilities protection. Provide facilities protection guidance material adapted to the needs of the facilities and services concerned and promote a national program to stimulate disaster preparedness and control in order to minimize the effects of overt or covert attack on facilities under their jurisdiction. Guidance shall include, but not be limited to, organization and training of facility employees, personnel shelter, evacuation, records protection, continuity of management, emergency repair, deconcentration or dispersal of facilities, and mutual aid associations for an emergency. (b) Damage assessment. Maintain a capability to assess the effects of an attack on facilities under their jurisdiction and to provide data and assistance to the .Department of Defense and other agencies, as appropriate. SEC. 8. Research. Within the framework of Federal research objectives, Heads of agencies shall supervise or conduct research in areas directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving each agency's interest. SEC. 9. Resources Evaluation. Each agency shall provide for appropriate participation in the national resources evaluation program administered by the Office of Emergency Planning. SEC. 10. Claimancy. Heads of agencies shall prepare plans to claim materials, manpower, equipment, supplies, and services needed in support of assigned responsibilities and other essential functions of the agencies, before or through appropriate agencies, and shall work with such agencies in developing programs to insure availability of such resources in an emergency. SEC. 11. Functional Guidance. Heads of agencies, in carrying out the functions assigned in this order, shall be guided by the following: (a) Interagency cooperation. Heads of agencies shall coordinate the performance of their emergency preparedness functions with departments and agencies having primary or supporting functions related thereto. (b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for the performance of functions under this order and in coordinating the performance of such functions with the total national preparedness program. (c) Emergency planning. Emergency plans and programs and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of each agency on the basis that it will have the responsibility for carrying out such programs during an emergency. Heads of agencies shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determinations by the President. SEC. 12. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program, or course of action prepared or developed pursuant to this order. Such authority is reserved to the President. SEC. 13. Redelegation. Heads of agencies are hereby authorized to redelegate within their agencies the functions hereinabove assigned to them. SEC. 14. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Orders No. 11, 13, and 14 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 835-838), are hereby revoked. JOHN F. KENNEDY

THE WHITE HOUSE, #signature

February 26, 1963

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 11,095 (Feb. 26, 1963), https://executiveordersarchive.org/orders/app-executive-order-11095-assigning-emergency-preparedness-functions-the-board-directors-the.