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Executive Orders Historical Archive
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Executive Order 13013 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.23) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 13013—Amending Executive Order No. 10163, The Armed Forces Reserve Medal

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Tuesday, August 6, 1996
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3 min read (524 words)
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61 Fed. Reg. 41483

Executive Brief • At a Glance

⏱️ 3 min read (524 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 10163 as amended, is further amended by striking out sections 3 and 4 and inserting in lieu thereof the following new sections 3 and 4: "3.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President William J. Clinton on August 6, 1996, this order concerns Amending Executive Order No. 10163, The Armed Forces Reserve Medal. Executive Order No. 10163 as amended, is further amended by striking out sections 3 and 4 and inserting in lieu thereof the following new sections 3 and 4: "3. The Armed Forces Reserve Medal may be awarded to members or former members of the reserve components of the Armed Forces of the United States who meet one or more of the following three criteria. a.

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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Executive Order No. 10163 as amended, is further amended by striking out sections 3 and 4 and inserting in lieu thereof the following new sections 3 and 4: "3.

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The member has completed a total of 10 years of honorable service in one or more of such reserve components, including annual active duty and inactive duty training as required by appropriate regulations, provided that (1) such 10 years of service was performed within a period of 12 consecutive years, (2) such service shall not include service in a regular component of the armed forces, including the Coast Guard, but (A) service in a reserve component that is concurrent, in whole or in part, with service in a regular component of the armed forces shall be included in computing the required 10 years of reserve service, and (B) any period of time during which reserve service is interrupted by service in a regular component of the armed…

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On or after August 1, 1990, the member volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense. 4.

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The member shall receive the medal with the distinctive design of the reserve component with which the person served at the time of award or in which such person last served.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments
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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: 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
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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
43 / 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

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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 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
524
3,066 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
18
Post-Graduate Legal
Language Tone Score
+0.23
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President by the Constitution and the laws of the United States, including my authority as Commander in Chief of the Armed Forces of the United States, it is hereby ordered that Executive Order No. 10163 as amended, is further amended by striking out sections 3 and 4 and inserting in lieu thereof the following new sections 3 and 4: "3. The Armed Forces Reserve Medal may be awarded to members or former members of the reserve components of the Armed Forces of the United States who meet one or more of the following three criteria. a. The member has completed a total of 10 years of honorable service in one or more of such reserve components, including annual active duty and inactive duty training as required by appropriate regulations, provided that (1) such 10 years of service was performed within a period of 12 consecutive years, (2) such service shall not include service in a regular component of the armed forces, including the Coast Guard, but (A) service in a reserve component that is concurrent, in whole or in part, with service in a regular component of the armed forces shall be included in computing the required 10 years of reserve service, and (B) any period of time during which reserve service is interrupted by service in a regular component of the armed forces shall be excluded in computing, and shall not be considered a break in, the said period of 12 consecutive years, and (3) such service shall not include service for which the Naval Reserve Medal or the Marine Corps Reserve Medal has been or may be awarded. b. On or after August 1, 1990, the member was called to active duty and served under sections 12301(a), 12302, 12304, 12406 (formerly sections 672(a), 673, 673b, 3500, and 8500) and Chapter 15 of title 10, United States Code, or, in the case of the United States Coast Guard Reserve, section 712 of title 14, United States Code. c. On or after August 1, 1990, the member volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense. 4. Not more than one Armed Forces Reserve Medal may be awarded to any one person. The member shall receive the medal with the distinctive design of the reserve component with which the person served at the time of award or in which such person last served. The medal is awarded with the appropriate appurtenance that denotes the manner in which the award was earned, either through completion of 10 years of service, mobilization, or volunteering for, and serving on, active duty in support of operations or contingencies designated by the Secretary of Defense. For each succeeding mobilization, volunteering for, and serving on, active duty in support of operations or contingencies, or 10-year period of service as above described, and a suitable appurtenance may be awarded, to be worn with the medal in accordance with appropriate regulations." William J. Clinton The White House, August 6, 1996. [Filed with the Office of the Federal Register, 8:45 a.m., August 8, 1996]

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Scholarly & Legal Citations

Exec. Order No. 13,013, 61 Fed. Reg. 41,483 (Aug. 6, 1996).