By virtue of the authority vested in me be section 204 of Part II of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, the following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until August 1, 1932. Name Department or establishment Millard J. Moore Department of Commerce Frank C. Skinner " " Joseph A. Hill " " Jasper S. Bilby " " Stephen J. Kubel Department of the Interior John M. Nickles " " Charles J. Groseclose " " James H. H. Hewett " " William Bertrand Acker " " Timothy W. Stanton " " Mrs. Carrie B. Alien " " Horace M. Sanford Department of State William A. Newcome " " Frank H. Larned " " Miles M. Shand " " Sydney Y. Smith " " George 0. Von Nerta Treasury Department Clarence A. Miller " " Ernest K. Wilkins " " Joseph D. Nevius " " George W. Ashworth " " William D. Heins " " Thomas H. Carroll " " Henry B. Shuman " " George W. Koonce War Department Francis A. Sebring District of Columbia Oscar D. Weed Interstate Commerce Commission James Edward Jones " " " Samuel Keemle " " " John T. Marchand " " " Fred W. Ranno " " " Frank H. Cole Smithsonian Institution Coates W. Shoemaker " " Joseph Michaelson Navy Department George W. Littlehale " " Thomas F. Flanagan " " Oliver P. Murry " " William McLean " " Edgar Wommack " " These temporary exemptions are made so as to afford the time necessary to determine whether the public interest requires that permanent exemptions be granted. HERBERT HOOVER The White House, June 30, 1932.
Executive Order 5873 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 5873—Temporary Exemption of Persons from Compulsory Retirement for Age
Executive Brief • At a Glance
⏱️ 2 min read (320 words) •
● In Effect
🎯 Primary Mandate
The following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until August 1, 1932.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 June 30, 1932, this order concerns Temporary Exemption of Persons from Compulsory Retirement for Age. The following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until August 1, 1932.
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
▪
The following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until August 1, 1932.
▪
Von Nerta Treasury Department Clarence A. Miller " " Ernest K. Wilkins " " Joseph D. Nevius " " George W. Ashworth " " William D. Heins " " Thomas H. Carroll " " Henry B. Shuman " " George W. Koonce War Department Francis A. Sebring District of Columbia Oscar D. Weed Interstate Commerce Commission James Edward Jones " " " Samuel Keemle " " " John T. Marchand " " " Fred W. Ranno " " " Frank H. Cole Smithsonian Institution Coates W. Shoemaker " " Joseph Michaelson Navy Department George W. Littlehale " " Thomas F. Flanagan " " Oliver P. Murry " " William McLean " " Edgar Wommack " " These temporary exemptions are made so as to afford the time necessary to determine whether the public interest requires that permanent exemptions be granted.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Financial Institutions & Monetary Authorities
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.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Strong Prerogative Support
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
38 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
320
1,733 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
8
Grade 8
Text size:
🔗
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
References Executive Order 5940—Exemption of William Bertrand Acker from Compulsory Retirement for Age
Herbert Hoover • 1932-10-26
Herbert Hoover • 1932-07-30
Related Executive Orders
Other executive actions signed by Herbert Hoover around this period.
EO 5876 Jun 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5876—Coal Land Restoration, Montana No. 87
📜 Art. II §1: Executive Discretion & Internal Operations
So much of Executive orders of July 9, 1910, creating Coal Land Withdrawal, Montana No. 1, of February 24, 1911, creating Coal Land Withdrawal, Montana No. 7, and of July 31, 1915, creating Coal Land Withdrawal, Montana No. 11, as affects the lands hereinafter described is…
Herbert Hoover Grade 4 • 4m
EO 5875 Jun 30, 1932
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5875—Temporary Exemption op Persons from Compulsory Retirement for Age
📜 Art. I §8: Delegated Tariff & Commerce Execution
The following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until August 1, 1932.
Herbert Hoover College Level • 1m
EO 5874 Jun 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5874—Temporary Exemption of Persons from Compulsory Retirement for Age in Order to Afford Time for Filling Vacancies
📜 Art. II §1: Executive Discretion & Internal Operations
The following-named persons who have reached the retirement age prescribed for automatic separation from the service, are hereby temporarily exempted from the provisions of that section and continued in the service until July 10, 1932.
Herbert Hoover Post-Graduate Legal • 1m
EO 5872 Jun 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5872—Exemption of Persons from Compulsory Retirement for Age
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following-named persons who have reached the retirement age prescribed for automatic separation from the service are hereby exempted from the provisions of that section.
Herbert Hoover Grade 8 • 2m
EO 5871 Jun 30, 1932
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5871—Regulations Governing Sick Leave of Absence Authorized by Law
📜 Art. II §1: Executive Discretion & Internal Operations
The regulations of the several executive departments and independent establishments pertaining to the so-called sick leave of absence now authorized by law shall continue in effect until such time as uniform regulations may be prescribed under the authority contained in Part…
Herbert Hoover Post-Graduate Legal • 1m
EO 5870 Jun 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5870—Continuing Temporarily the Present Standardized Government Travel Regulations, Subject to Certain Modifications
📜 Art. II §1: Executive Discretion & Internal Operations
Part II, sections 207 and 208, of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, amends the Subsistence Expense Act of 1926 (44 Stat. 688…
Herbert Hoover Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 5873 (June 30, 1932), https://executiveordersarchive.org/orders/app-executive-order-5873-temporary-exemption-persons-from-compulsory-retirement-for-age.
