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Executive Order 11252 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11252—Food-for-Peace Program

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Wednesday, October 20, 1965
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2 min read (341 words)

Executive Brief • At a Glance

⏱️ 2 min read (341 words) • ● In Effect
🎯 Primary Mandate

All functions of the Director of the Food-for-Peace Program, including those under Executive Order No. 10900 of January 5, 1961, as amended, and under the Presidential memorandum of January 24, 1961, relating to the Food-for-Peace Program (26 F.R. 781), are hereby transferred to the Secretary of State; and that order and memorandum are modified accordingly.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Lyndon B. Johnson on October 20, 1965, this order concerns Food-for-Peace Program. All functions of the Director of the Food-for-Peace Program, including those under Executive Order No. 10900 of January 5, 1961, as amended, and under the Presidential memorandum of January 24, 1961, relating to the Food-for-Peace Program (26 F.R. 781), are hereby transferred to the Secretary of State; and that order and memorandum are modified accordingly. SEC. 2.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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All functions of the Director of the Food-for-Peace Program, including those under Executive Order No. 10900 of January 5, 1961, as amended, and under the Presidential memorandum of January 24, 1961, relating to the Food-for-Peace Program (26 F.R. 781), are hereby transferred to the Secretary of State; and that order and memorandum are modified accordingly.

▪

There shall be in the Department of State a Special Assistant to the Secretary of State who shall assist the Secretary as the latter may direct in connection with the carrying out of the functions of the Secretary under this order and shall perform such other duties as the Secretary may direct.

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Of Executive Order No. 11248 of October 10, 1965, is amended by adding thereto the following: "(3) Special Assistant to the Secretary (Food-for-Peace Program), State Department." SEC. 4.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
🏛️

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

"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: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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.

🛡️ High Constitutional Concordance
30 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
341
2,145 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

Whereas the Food-for-Peace Program has fulfilled and continues to fulfill the hopes of its creators and is providing the United States with a significant new medium for advancing the cause of world peace and understanding through the use of our agricultural abundance to alleviate hunger, malnutrition, and privation among our neighbors abroad; and Whereas the objectives of the Food-for-Peace Program can now best be achieved by vesting responsibility for the Program in the Secretary of State, the Cabinet official chiefly responsible for our policies and programs abroad, so that the activities of this Program will be coordinated, consolidated, and carried out more effectively with related activities of the United States abroad; and Whereas the Secretary of State will be able to discharge these responsibilities more effectively through a special assistant specifically designated to assist him in carrying out the Food-for-Peace Program; Now, THEREFORE, by virtue of the authority vested in me by subsection (f) of Section 303 of the Government Employees Salary Reform Act of 1964 and as President of the United States, it is hereby ordered as follows: 409 SECTION 1. All functions of the Director of the Food-for-Peace Program, including those under Executive Order No. 10900 of January 5, 1961, as amended, and under the Presidential memorandum of January 24, 1961, relating to the Food-for-Peace Program (26 F.R. 781), are hereby transferred to the Secretary of State; and that order and memorandum are modified accordingly. SEC. 2. There shall be in the Department of State a Special Assistant to the Secretary of State who shall assist the Secretary as the latter may direct in connection with the carrying out of the functions of the Secretary under this order and shall perform such other duties as the Secretary may direct. SEC. 3. Section 1 of Executive Order No. 11248 of October 10, 1965, is amended by adding thereto the following: "(3) Special Assistant to the Secretary (Food-for-Peace Program), State Department." SEC. 4. This order shall take effect on November 1, 1965. LYNDON B. JOHNSON The White House October 20, 1965

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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. 11,252 (Oct. 20, 1965), https://executiveordersarchive.org/orders/app-executive-order-11252-food-for-peace-program.