Executive Order 10398 Constitutional Neutral (+0.02)

Executive Order 10398—Military Protection of the Canal Zone

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Friday, September 26, 1952

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2 min read (348 words)

Plain-English Translation & Framers' Constitutional Analysis

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

This executive order, signed by President Harry S Truman on 1952-09-26, establishes federal administrative policy concerning "Military Protection of the Canal Zone." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ As between the Commander in Chief, Caribbean, and the Governor of the Canal Zone, the views of the former shall prevail with respect to determinations as to whether any aspect of the protection of the Canal Zone pertains to its military security, protection, and defense, as distinguished form the protection afforded by the civil authorities.

▪ Pending any modification of the said decision by the President pursuant to appeal, such decision shall remain binding and effective.

▪ The provisions of this paragraph shall remaining force until the termination of the emergency proclaimed by the President December 16, 1950.

▪ 2382 of May 17, 1916, is hereby revoked.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities

Total Words

348

2,152 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

22.2

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

📜

Scholarly & Legal Citations

Exec. Order No. 10398, Harry S Truman (Sep 26, 1952). Available at https://executiveordersarchive.org/orders/app-executive-order-10398-military-protection-the-canal-zone.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

WHERAS the Commander in Chief, Caribbean, is responsible, subject to the authority of the President, the Secretary of Defense, the Secretary of the Army, and the joint Chiefs of Staff, for the military security, protection, and defense of the Canal Zone; WHEREAS the Canal Zone Government, under the Governor of the Canal Zone and subject to the supervision of the Secretary of the Army, is charged, except as otherwise provided by law, with the performance of various duties connected with the civil government, including protection, of the Canal Zone; WHEREAS as a practical matter, the aforesaid duties of the Commander and the Governor are not wholly mutually exclusive, particularly in time of emergency; and WHEREAS it is necessary to make appropriate arrangements concerning the security of the Canal Zone during the present emergency: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, including the Canal Zone Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: 1. As between the Commander in Chief, Caribbean, and the Governor of the Canal Zone, the views of the former shall prevail with respect to determinations as to whether any aspect of the protection of the Canal Zone pertains to its military security, protection, and defense, as distinguished form the protection afforded by the civil authorities. Should the Governor of the Canal Zone disagree with any specific decision of the Commander in Chief, Caribbean, under this paragraph, the said Governor may, through the Secretary of the Army or through the Board of Directors of the Panama Canal Company, as may be appropriate, appeal such decision to the President. Pending any modification of the said decision by the President pursuant to appeal, such decision shall remain binding and effective. The provisions of this paragraph shall remaining force until the termination of the emergency proclaimed by the President December 16, 1950. 2. Executive Order No. 2382 of May 17, 1916, is hereby revoked. HARRY S. TRUMAN THE WHITE HOUSE, September 26, 1952