Paragraph (d), section 8, Chapter VI, Instructions to Diplomatic Officers, and paragraph (d), section 467 of the Consular Regulations of 1896, are hereby amended to read as follows: (d) Leave without compensation. If consistent with the public interest, leave of absence for good reason may be granted without compensation for a longer time than that stipulated in these regulations for leave of absence with pay; and in any case in which leave of absence in one calendar year is to be extended to cover continuously all or a portion of the leave for the ensuing year, the absence in the first year may be supplemented in the discretion of the Secretary of State by leave without salary in sufficient amount to cover the absence to the end of that calendar year, in order that the leave with pay in the following year may be available. HERBERT HOOVER The White House, March 26, 1932.
Executive Order 5825—Leaves of Absence, Foreign Service
Executive Brief • At a Glance
Paragraph (d), section 8, Chapter VI, Instructions to Diplomatic Officers, and paragraph (d), section 467 of the Consular Regulations of 1896, are hereby amended to read as follows: (d) Leave without compensation.
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 March 26, 1932, this order concerns Leaves of Absence, Foreign Service. Paragraph (d), section 8, Chapter VI, Instructions to Diplomatic Officers, and paragraph (d), section 467 of the Consular Regulations of 1896, are hereby amended to read as follows: (d) Leave without compensation.
Key Directives & Operative Actions
Paragraph (d), section 8, Chapter VI, Instructions to Diplomatic Officers, and paragraph (d), section 467 of the Consular Regulations of 1896, are hereby amended to read as follows: (d) Leave without compensation.
If consistent with the public interest, leave of absence for good reason may be granted without compensation for a longer time than that stipulated in these regulations for leave of absence with pay; and in any case in which leave of absence in one calendar year is to be extended to cover continuously all or a portion of the leave for the ensuing year, the absence in the first year may be supplemented in the discretion of the Secretary of State by leave without salary in sufficient amount to cover the absence to the end of that calendar year, in order that the leave with pay in the following year may be available.
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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5825 (Mar. 26, 1932), https://executiveordersarchive.org/orders/app-executive-order-5825-leaves-absence-foreign-service.