Executive Order 10853 Constitutional Neutral (+0.02)

Executive Order 10853—Delegating the Authority of the President With Respect to Various Allowances to Certain Government Personnel on Foreign Duty

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Friday, November 27, 1959

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2 min read (391 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 1959-11-27, establishes federal administrative policy concerning "Delegating the Authority of the President With Respect to Various Allowances to Certain Government Personnel on Foreign Duty." 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

▪ 216) and by section 235(a) of title 38 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1.

▪ 10011 of October 22, 1948, as amended, is hereby further amended by adding the following subsections (e) and (f) at the end thereof: "(e) The authority vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat.

▪ The Administrator of Veterans' Affairs is hereby authorized to exercise the authority vested in the President by section 235 (a) of title 38 of the United States Code to prescribe rules and regulations with respect to allowances and benefits similar to those provided by those sections of the Foreign Service Act of 1946 designated in paragraphs (4) and (7) of section 235(a).

▪ The rules and regulations prescribed by the Secretary of State or the Administrator of Veterans' Affairs pursuant to section 2 or section 3 of this order shall become effective on such dates as those officials shall, respectively, determine, but not in any case earlier than July 28, 1959.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Total Words

391

2,369 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 10853, Dwight D. Eisenhower (Nov 27, 1959). Available at https://executiveordersarchive.org/orders/app-executive-order-10853-delegating-the-authority-the-president-with-respect-various.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by section 7(a) and 8(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 216) and by section 235(a) of title 38 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The regulations contained in Executive Order No. 10000 of September 16, 1948, as now or hereafter amended, which govern the payment of additional compensation in foreign areas (referred to as foreign post differential) shall govern the payment of the additional compensation authorized by section 8(a) (2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, subject to the provisions of section 8(b) of that act (73 Stat. 216). SEC. 2. Paragraph 1 of Executive Order No. 10011 of October 22, 1948, as amended, is hereby further amended by adding the following subsections (e) and (f) at the end thereof: "(e) The authority vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 216) to prescribe regulations relating to quarters, quarters allowance, and storage, and the authority vested in the President by section 8(a) (1) of that act to prescribe regulations relating to cost-of-living allowances. "(f) The authority vested in the President by section 235 (a) of title 38 of the United States Code to prescribe rules and regulations with respect to allowances and benefits similar to those provided by those sections of the Foreign Service Act of 1946 designated in paragraphs (1), (2), (3), (5), (6), and (8) of section 235(a)." SEC. 3. The Administrator of Veterans' Affairs is hereby authorized to exercise the authority vested in the President by section 235 (a) of title 38 of the United States Code to prescribe rules and regulations with respect to allowances and benefits similar to those provided by those sections of the Foreign Service Act of 1946 designated in paragraphs (4) and (7) of section 235(a). SEC. 4. The rules and regulations prescribed by the Secretary of State or the Administrator of Veterans' Affairs pursuant to section 2 or section 3 of this order shall become effective on such dates as those officials shall, respectively, determine, but not in any case earlier than July 28, 1959. DWIGHT D. EISENHOWER THE WHITE HOUSE, November 27, 1959.