Executive Order 10816 Constitutional Neutral (+0.02)

Executive Order 10816—Amendment of Executive Order No. 10501 of November 5, 1953, Relating to Safeguarding Official Information in the Interests of the Defense of the United States

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Thursday, May 7, 1959

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2 min read (346 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 1959-05-07, establishes federal administrative policy concerning "Amendment of Executive Order No. 10501 of November 5, 1953, Relating to Safeguarding Official Information in the Interests of the Defense of the United States." 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

▪ 10501 of November 5, 1953, relating to safeguarding official information in the interests of the defense of the United States, is hereby amended as follows: 1.

▪ Is amended by adding a new subparagraph at the end thereof, as follows: "(i) Departments and agencies which do not have authority for original classification.

▪ The provisions of this section relating to the declassification of defense material shall apply to departments or agencies which do not, under the terms of this order, have authority for original classification of material, but which have formerly classified material pursuant to Executive Order No.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants

Total Words

346

2,170 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

20.1

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 10816, Dwight D. Eisenhower (May 7, 1959). Available at https://executiveordersarchive.org/orders/app-executive-order-10816-amendment-executive-order-no-10501-november-5-1953-relating.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, and deeming such action necessary in the best interests of the national security, it is hereby ordered as follows: Executive Order No. 10501 of November 5, 1953, relating to safeguarding official information in the interests of the defense of the United States, is hereby amended as follows: 1. Section 4 is amended by adding a new subparagraph at the end thereof, as follows: "(i) Departments and agencies which do not have authority for original classification. The provisions of this section relating to the declassification of defense material shall apply to departments or agencies which do not, under the terms of this order, have authority for original classification of material, but which have formerly classified material pursuant to Executive Order No. 10290 of September 24, 1951." 2. Section 15 is amended by adding a new subparagraph at the end thereof, as follows: "Historical Research. As an exception to the standard for access prescribed in the first sentence of section 7, but subject to all other provisions of this order, the head of an agency may permit persons outside the executive branch performing functions in connection with historical research projects to have access to classified defense information originated within his agency if he determines that: (a) access to the information will be clearly consistent with the interests of national defense, and (b) the person to be granted access is trustworthy: Provided, that the head of the agency shall take appropriate steps to assure that classified information is not published or otherwise compromised." 3. The first sentence of subparagraph (d) of section 8 is amended to read as follows: "Confidential defense material shall be transmitted within the continental United States by one of the means established for higher classifications, by registered, certified or first-class mail, or by express or freight under such conditions as may be prescribed by the head of the department or agency concerned." DWIGHT D. EISENHOWER THE WHITE HOUSE, May 7, 1959.