By virtue of the authority vested in me by Section 5234 of Title 10 of the United States Code, it is ordered as follows: The provisions of section 5232 (b) of Title 10 of the United States Code relating to the number of officers serving in the grade of lieutenant general are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, shall end. LYNDON B. JOHNSON The White House February 19, 1966
Executive Order 11270—Suspension of Section 5232(b) of Title 10, United States Code, Which Relates to the Number of Lieutenant Generals in the Marine Corps
Executive Brief • At a Glance
The provisions of section 5232 (b) of Title 10 of the United States Code relating to the number of officers serving in the grade of lieutenant general are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, shall end.
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 February 19, 1966, this order concerns Suspension of Section 5232(b) of Title 10, United States Code, Which Relates to the Number of Lieutenant Generals in the Marine Corps. The provisions of section 5232 (b) of Title 10 of the United States Code relating to the number of officers serving in the grade of lieutenant general are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, shall end.
Key Directives & Operative Actions
The provisions of section 5232 (b) of Title 10 of the United States Code relating to the number of officers serving in the grade of lieutenant general are hereby suspended until June 30 of the fiscal year following that in which the national emergency proclaimed by Proclamation No. 2914 of December 16, 1950, shall end.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
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.
Alexander Hamilton
The Energetic Executive & Unified Command
"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)
Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
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.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Scholarly & Legal Citations
Exec. Order No. 11,270 (Feb. 19, 1966), https://executiveordersarchive.org/orders/app-executive-order-11270-suspension-section-5232b-title-10-united-states-code-which-relates.