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Executive Order 9735 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9735—Establishing a Cabinet Committee On Palestine and Related Problems

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Tuesday, June 11, 1946
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3 min read (693 words)

Executive Brief • At a Glance

⏱️ 3 min read (693 words) • ● In Effect
🎯 Primary Mandate

In view of the urgency of the solution of various problems relating to the displaced Jews in Europe and to Palestine, there is hereby established under the Chairmanship of the Secretary of State, a Cabinet Committee on Palestine and Related Problem (hereinafter referred to as the Committee) composed of the Secretaries of State, War, and the Treasury.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments 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 Harry S Truman on June 11, 1946, this order concerns Establishing a Cabinet Committee On Palestine and Related Problems. In view of the urgency of the solution of various problems relating to the displaced Jews in Europe and to Palestine, there is hereby established under the Chairmanship of the Secretary of State, a Cabinet Committee on Palestine and Related Problem (hereinafter referred to as the Committee) composed of the Secretaries of State, War, and the Treasury.

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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In view of the urgency of the solution of various problems relating to the displaced Jews in Europe and to Palestine, there is hereby established under the Chairmanship of the Secretary of State, a Cabinet Committee on Palestine and Related Problem (hereinafter referred to as the Committee) composed of the Secretaries of State, War, and the Treasury.

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The functions and duties of the Committee shall be: (a) To assist the President in the early consideration of the recommendations of the Anglo-American Committee of Inquiry (hereinafter referred to as the Anglo-American Committee) and of the views which may be submitted as a result of the consultations thereon, and in the determination of the steps to be taken by this Government in regard to Palestine and related problems.

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So far as may be permitted by law, to implement and coordinate, either directly or through the appropriate departments and agencies of the United States Government, such policies or programs in respect of Palestine and related problems as may be approved and authorized by the President.

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To perform such other tasks in connection with the functions and duties described in subparagraphs (a), (b), and (c) above as the President may from time to time direct. 2.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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 2 (Zone of Twilight)
§

"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
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
62 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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
693
4,344 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
20.4
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Constitution and the statutes, and as President of the United States and Commander in Chief of the Army and Navy, it is hereby ordered as follows: 1. In view of the urgency of the solution of various problems relating to the displaced Jews in Europe and to Palestine, there is hereby established under the Chairmanship of the Secretary of State, a Cabinet Committee on Palestine and Related Problem (hereinafter referred to as the Committee) composed of the Secretaries of State, War, and the Treasury. The functions and duties of the Committee shall be: (a) To assist the President in the early consideration of the recommendations of the Anglo-American Committee of Inquiry (hereinafter referred to as the Anglo-American Committee) and of the views which may be submitted as a result of the consultations thereon, and in the determination of the steps to be taken by this Government in regard to Palestine and related problems. (b) To propose the specific measures considered necessary or appropriate effectively to implement the decisions made by the President with regard to Palestine and related problems. (c) So far as may be permitted by law, to implement and coordinate, either directly or through the appropriate departments and agencies of the United States Government, such policies or programs in respect of Palestine and related problems as may be approved and authorized by the President. (d) To perform such other tasks in connection with the functions and duties described in subparagraphs (a), (b), and (c) above as the President may from time to time direct. 2. Each member of the Committee shall designate a fully deputized alternate to act for and in his behalf. The alternates thus selected shall function as the executive agency of the Committee and shall be known as the Board of Alternates, whose Chairman shall be the alternate for the Secretary of State. The Committee is hereby empowered: (a) To fix its rules of conduct and procedures and the pattern of its internal organization. (b) To employ a Secretariat to be headed by a Secretary-General with such deputies and assistants and such clerical and administrative personnel as may be necessary. (c) To utilize to the maximum extent possible by way of loan or otherwise such personnel, facilities, and services of the State, War, and Treasury Departments as may be necessary or useful to the Committee in the accomplishment of its functions and duties. (d) Subject to subparagraph (c) hereof and within the limits of funds which may be made available to it, to employ necessary technical personnel, consultants, or advisers without regard to the civil service laws and regulations, and to make provision for such supplies, facilities, and services as may be necessary fully to discharge the Committee's responsibilities. (e) Whenever necessary, to call upon the heads of other departments and agencies of the Government to supply experts or technical advisers to the extent available to assist the Committee or its staff in connection with its objectives. 3. In the formulation of its policy recommendations as provided in paragraph 1 hereof and in the implementation of any policies and programs approved by the President, the Committee shall be empowered: (a) To negotiate and consult, directly or through its representatives, with accredited representatives and agencies of other governments, with public or private international bodies, with States and municipalities and private and quasi-public organizations in the United States or abroad. (b) Upon the written request of the Chairman, or his alternate, to procure from all departments and agencies of the Government such records and documents in their possession as may be necessary, relevant, or useful to the Committee in the accomplishment of its objectives hereunder. 4. In carrying out its functions and duties, and within the limits of available funds, the members of the Committee and its personnel are authorized to engage in the necessary domestic and foreign travel. When permitted by law and otherwise practicable, the Secretary of War and the Secretary of the Navy shall provide appropriate travel assistance, including the furnishing of available Government-owned transportation and other facilities. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

June 11, 1946

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Scholarly & Legal Citations

Exec. Order No. 9735 (June 11, 1946), https://executiveordersarchive.org/orders/app-executive-order-9735-establishing-cabinet-committee-palestine-and-related-problems.