Executive Order 10565 Constitutional Neutral (+0.02)

Executive Order 10565—Amendment of Paragraphs 76a and 127c of the Manual for Courts-Martial, United States, 1951

•

Tuesday, September 28, 1954

•

2 min read (320 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 Dwight D. Eisenhower on 1954-09-28, establishes federal administrative policy concerning "Amendment of Paragraphs 76a and 127c of the Manual for Courts-Martial, United States, 1951." 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

▪ By virtue of the authority vested in me by Articles 36 and 56 of the Uniform Code of Military Justice (established by the act of May 5, 1950, 64 Stat.

▪ 107), and as President of the United States, it is ordered that the Manual for Courts-Martial, United States, 1951 (prescribed by Executive Order No.

▪ 10214 of February 8, 1951), be, and it is hereby, amended as follows: 1.

▪ The offenses and punishments listed in the Table of Maximum Punishments, contained in paragraph 127c, for violations of Articles 86 and 87 of the Uniform Code of Military Justice are revised so that they shall be as follows: 3.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments

Total Words

320

1,955 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

16.7

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

📜

Scholarly & Legal Citations

Exec. Order No. 10565, Dwight D. Eisenhower (Sep 28, 1954). Available at https://executiveordersarchive.org/orders/app-executive-order-10565-amendment-paragraphs-76a-and-127c-the-manual-for-courts-martial.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by Articles 36 and 56 of the Uniform Code of Military Justice (established by the act of May 5, 1950, 64 Stat. 107), and as President of the United States, it is ordered that the Manual for Courts-Martial, United States, 1951 (prescribed by Executive Order No. 10214 of February 8, 1951), be, and it is hereby, amended as follows: 1. The following language is added to subparagraph 76a (6) at the end thereof: "If an accused is found guilty of an offense or offenses for none of which dishonorable discharge is authorized, proof of three or more previous convictions during the year next preceding the commission of any offense of which the accused stands convicted will authorize dishonorable discharge. See 127c, Section B." 2. The offenses and punishments listed in the Table of Maximum Punishments, contained in paragraph 127c, for violations of Articles 86 and 87 of the Uniform Code of Military Justice are revised so that they shall be as follows: 3. Section B, Permissible Additional Punishments, of paragraph 127c is amended by adding thereto at the beginning thereof the following language: "If an accused is found guilty of an offense or offenses for none of which dishonorable discharge is authorized, proof of three or more previous convictions during the year next preceding the commission of any offense of which the accused stands convicted will authorize dishonorable discharge and forfeiture of all pay and allowances and, if the confinement otherwise authorized is less than one year, confinement at hard labor for one year. In computing the one-year period preceding the commission of any offense, periods of unauthorized absence as shown by the findings in the case or by the evidence of previous convictions should be excluded. See 75b (2) as to further limitations concerning evidence of previous convictions which may be considered." DWIGHT D. EISENHOWER THE WHITE HOUSE, September 28, 1954.