Executive Order 11058 Constitutional Neutral (+0.02)

Executive Order 11058—Assigning Authority With Respect to Ordering Persons and Units in the Ready Reserve to Active Duty and With Respect to Extension of Enlistments and Other Periods of Service in the Armed Forces

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Tuesday, October 23, 1962

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2 min read (388 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 John F. Kennedy on 1962-10-23, establishes federal administrative policy concerning "Assigning Authority With Respect to Ordering Persons and Units in the Ready Reserve to Active Duty and With Respect to Extension of Enlistments and Other Periods of Service in the Armed Forces." 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

▪ However, if the enlistment of a member of the Ready Reserve who is ordered to active duty under section 1 of this Executive Order would expire after February 28, 1963, but before he has served the entire period for which he was so ordered to active duty, his enlistment may be extended until the last day of that period.

▪ In pursuance of the provisions of section 3 of the said Joint Resolution of October 3, 1962, no member of the armed forces who was involuntarily ordered to active duty or whose period of active duty was extended under the Act of August 1, 1961, Public Law 87-117 (75 Stat.

▪ 242), may be involuntarily ordered to active duty under this Executive Order.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Financial Institutions & Monetary Authorities

Total Words

388

2,201 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. 11058, John F. Kennedy (Oct 23, 1962). Available at https://executiveordersarchive.org/orders/app-executive-order-11058-assigning-authority-with-respect-ordering-persons-and-units-the.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by the Joint Resolution of October 3, 1962 (Public Law 87-736), and by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Secretary of Defense, and, when designated by him for this purpose, any of the Secretaries of the military departments of the Department of Defense, and the Secretary of the Treasury with respect to the Coast Guard are hereby authorized and empowered to exercise the authority vested in the President until February 28, 1963, by section 1 of the Act of October 3, 1962 (Public Law 87-736) to order, without the consent of the persons concerned, any unit, or any member, of the Ready Reserve of an armed force to active duty for not more than twelve consecutive months, provided there are not more than 150,000 members of the Ready Reserve thereby on active duty (other than for training) without their consent at any one time. SEC. 2. In pursuance of the provisions of section 2 of the said Joint Resolution of October 3, 1962, the Secretary of Defense and the Secretary of the Treasury with respect to the Coast Guard are hereby authorized to extend enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service or other military status in any component of an armed force or in the National Guard that expire before February 28, 1963, for not more than twelve months. However, if the enlistment of a member of the Ready Reserve who is ordered to active duty under section 1 of this Executive Order would expire after February 28, 1963, but before he has served the entire period for which he was so ordered to active duty, his enlistment may be extended until the last day of that period. SEC. 3. In pursuance of the provisions of section 3 of the said Joint Resolution of October 3, 1962, no member of the armed forces who was involuntarily ordered to active duty or whose period of active duty was extended under the Act of August 1, 1961, Public Law 87-117 (75 Stat. 242), may be involuntarily ordered to active duty under this Executive Order. JOHN F. KENNEDY THE WHITE HOUSE, October 23, 1962