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Executive Order 5104 Constitutional Neutral (+0.02)

Executive Order 5104—Prescribing Regulations Governing the Appointment of Postmasters of the 1st, 2nd and 3rd Class

Herbert Hoover Herbert Hoover
•
Wednesday, May 1, 1929
•
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 Herbert Hoover on 1929-05-01, establishes federal administrative policy concerning "Prescribing Regulations Governing the Appointment of Postmasters of the 1st, 2nd and 3rd Class." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

▪ No person who has passed his 65th birthday shall be appointed acting Postmaster in an office of the first, second, and third class unless he is already in the postal service.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
Total Words
388
2,342 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
42
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 5104, Herbert Hoover (May 1, 1929). Available at https://executiveordersarchive.org/orders/app-executive-order-5104-prescribing-regulations-governing-the-appointment-postmasters-the-1st.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
When a vacancy exists or occurs in the position of postmaster of an office of the first, second, or third class, if such vacancy is not filled by nomination of some qualified person within the competitive classified civil service, the Postmaster General shall certify the fact to the Civil Service Commission which shall forthwith hold an open competitive examination to test the fitness of applicants to fill such vacancy, and when such examination has been held and the papers submitted therewith have been rated, the Commission shall furnish a certificate of not less than three eligibles, if the same can be obtained, to the Postmaster General, who shall submit to the President the name of one of the highest three eligibles for appointment to fill such vacancy; provided, that the Postmaster General may reject the name of any person or persons so certified if he shall find that by reason of character or residence such person or persons shall have become disqualified after said examination, in which event he may request said commission to complete the certificate of three names; provided that no person who has passed his 65th birthday at the date for close of receipt of applications for such examination shall be permitted to take the same unless he has been continuously in the postal service for two years immediately preceding such date; and provided further, that no person shall be examined for postmaster who has not actually resided within the delivery of the office for which application is made for two years next preceding such date; and provided further, that at the expiration of the term of any postmaster, or anticipating such expiration, the Postmaster General may, in his discretion, request the Civil Service Commission to hold an examination, or he may submit the name of such postmaster to the President for renomination without examination. If, pursuant to this order, it is desired to submit to the President for nomination the name of a person in the competitive classified service, such person must first be found by the Civil Service Commission to possess the requisite qualifications. No person who has passed his 65th birthday shall be appointed acting Postmaster in an office of the first, second, and third class unless he is already in the postal service. HERBERT HOOVER The White House, May 1, 1929.