Executive Order 10649 Constitutional Neutral (+0.02)
Executive Order 10649—Amendment of Executive Order No. 10153 Prescribing Regulations Relating to Certain Travel Time of Members of the Uniformed Services Called to Active Duty in Excess of Thirty Days
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 1955-12-28, establishes federal administrative policy concerning "Amendment of Executive Order No. 10153 Prescribing Regulations Relating to Certain Travel Time of Members of the Uniformed Services Called to Active Duty in Excess of Thirty Days." 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
▪232 (e)), as amended (subsection 2 (2), Career Incentive Act of 1955 (Public Law 20, 84th Cong.; 69 Stat.
▪294)), and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is ordered that Executive Order No.
▪10153 of August 17, 1950, 15 Federal Register 5492, be, and it is hereby, amended as follows: 1.
Exec. Order No. 10649, Dwight D. Eisenhower (Dec 28, 1955). Available at https://executiveordersarchive.org/orders/app-executive-order-10649-amendment-executive-order-no-10153-prescribing-regulations-relating.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of and pursuant to the authority vested in me by the first proviso of subsection 201 (e), Career Compensation Act of 1949 (63 Stat. 807; 37 U.S.C. 232 (e)), as amended (subsection 2 (2), Career Incentive Act of 1955 (Public Law 20, 84th Cong.; 69 Stat. 19); Act of July 12, 1955 (Public Law 144, 84th Cong.; 69 Stat. 294)), and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is ordered that Executive Order No. 10153 of August 17, 1950, 15 Federal Register 5492, be, and it is hereby, amended as follows: 1. Sections 1 and 2 are amended to read: SECTION 1. For travel from home to first duty station, in case travel by public transportation is authorized, the travel time included as active duty shall be based upon actual and necessary schedules which most nearly coincide with the possible time of departure and arrival by the mode of transportation actually used, or by public surface transportation if the travel is actually performed by private conveyance without having been specifically authorized. In case travel by private conveyance is specifically authorized and the travel is so performed, the travel time included as active duty shall be computed on the basis of one day for each three hundred miles traveled, and one day of travel time shall also be allowed for each fraction of three hundred miles in excess of one hundred and fifty miles. The distance traveled shall be computed on the basis of distances established by the official mileage tables in use by the uniformed services. Travel by private conveyance shall not be specifically authorized in any case in which the call to active duty is for a period of less than ninety consecutive days. SEC. 2. For travel from last duty station to home, in case travel by public transportation is authorized, the travel time included as active duty shall be based upon actual and necessary schedules which most nearly coincide with the possible time of departure and arrival by public surface transportation, without regard to the actual performance of such travel. In case travel by private conveyance is specifically authorized, the travel time included as active duty shall be computed on the basis of one day for each three hundred miles traveled, and one day of travel time shall also be allowed for each fraction of three hundred miles in excess of one hundred and fifty miles, without regard to the actual performance of such travel. The distance from last duty station to home shall be computed on the basis of distances established by the official mileage tables in use by the uniformed services. Travel by private conveyance shall not be specifically authorized in any case in which the call to active duty is for a period of less than ninety consecutive days. 2. This order shall become effective on January 1, 1956. DWIGHT D. EISENHOWER THE WHITE HOUSE, December 28, 1955.