Whereas , by Executive Order of January 17, 1873, the holding of a state and federal office by the same person at the same time, with certain exceptions, was prohibited; And Whereas , it would materially assist the Director of the Census in the taking of the Fifteenth Decennial Census if he were permitted to appoint certain persons holding state or county offices as supervisors of the Census. In view of the premises, therefore, the President has deemed it advisable in certain instances to permit the appointment of certain state and county officers as supervisors of the Census. The Director of the Census is hereby authorized to appoint state, county and municipal officers as supervisors of the Census if in his opinion the duties of such state, county and municipal officers do not in any manner conflict with the performance of the duties of supervisors of the Census, and where the Director of the Census is satisfied that the appointment of such state, county or municipal officer is for the best interest of the service. HERBERT HOOVER The White House, September 9, 1929.
Executive Order 5187—Exempting Census Supervisors from Civil Service Rules Prohibiting Federal Employees from Holding Office Under State, County, or Municipal Government
Executive Brief • At a Glance
Whereas , by Executive Order of January 17, 1873, the holding of a state and federal office by the same person at the same time, with certain exceptions, was prohibited; And Whereas , it would materially assist the Director of the Census in the taking of the Fifteenth Decennial Census if he were permitted to appoint certain persons holding state or county offices as supervisors of the Census.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on September 9, 1929, this order concerns Exempting Census Supervisors from Civil Service Rules Prohibiting Federal Employees from Holding Office Under State, County, or Municipal Government. Whereas , by Executive Order of January 17, 1873, the holding of a state and federal office by the same person at the same time, with certain exceptions, was prohibited; And Whereas , it would materially assist the Director of the Census in the taking of the Fifteenth Decennial Census if he were permitted to appoint certain persons holding state or county offices as supervisors of the Census.
Key Directives & Operative Actions
Whereas , by Executive Order of January 17, 1873, the holding of a state and federal office by the same person at the same time, with certain exceptions, was prohibited; And Whereas , it would materially assist the Director of the Census in the taking of the Fifteenth Decennial Census if he were permitted to appoint certain persons holding state or county offices as supervisors of the Census.
The Director of the Census is hereby authorized to appoint state, county and municipal officers as supervisors of the Census if in his opinion the duties of such state, county and municipal officers do not in any manner conflict with the performance of the duties of supervisors of the Census, and where the Director of the Census is satisfied that the appointment of such state, county or municipal officer is for the best interest of the service.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 5187 (Sept. 9, 1929), https://executiveordersarchive.org/orders/app-executive-order-5187-exempting-census-supervisors-from-civil-service-rules-prohibiting.