By virtue of the authority vested in me by 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, William Bertrand Acker, Chief Clerk, Department of the Interior, who has reached the retirement age prescribed for automatic separation from the service and who was temporarily exempted from the provisions of that section and continued in the service until August 1, 1932, by Executive Order No. 5873, dated June 30, 1932, and further continued in the service until November 1, 1932, by Executive Order No. 5897, dated July 30, 1932, is hereby exempted from the provisions of that section. HERBERT HOOVER The White House, October 26, 1932.
Executive Order 5940 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 5940—Exemption of William Bertrand Acker from Compulsory Retirement for Age
Executive Brief • At a Glance
⏱️ 1 min read (132 words) •
● In Effect
🎯 Primary Mandate
By virtue of the authority vested in me by 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, William Bertrand Acker, Chief Clerk, Department of the Interior, who has reached the retirement age prescribed for automatic separation from the…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants
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 October 26, 1932, this order concerns Exemption of William Bertrand Acker from Compulsory Retirement for Age. By virtue of the authority vested in me by 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, William Bertrand Acker, Chief Clerk, Department of the Interior, who has reached the retirement age prescribed for automatic separation from the service and who was…
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
▪
By virtue of the authority vested in me by 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, William Bertrand Acker, Chief Clerk, Department of the Interior, who has reached the retirement age prescribed for automatic separation from the…
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
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
"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.
Hamiltonian Stance: Defends Vigor & Dispatch
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
26 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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
132
791 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.7
Post-Graduate Legal
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 5873 Jun 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5873—Temporary 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 temporarily exempted from the provisions of that section and continued in the service until August 1, 1932.
Herbert Hoover Grade 8 • 2m
EO 5897 Jul 30, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5897—Temporary Exemption of William Bertrand Acker from Compulsory Retirement for Age
📜 Art. II §1: Executive Discretion & Internal Operations
By virtue of the authority vested in me by 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, William Bertrand Acker…
Herbert Hoover Post-Graduate Legal • 1m
EO 5941 Oct 26, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5941—Public Water Restoration No. 74, New Mexico
📜 Art. II §1: Executive Discretion & Internal Operations
So much of Executive order of July 10, 1919, creating Public Water Reserve No. 65, as affects the land hereinafter listed is hereby revoked, and all such land not otherwise reserved or withdrawn is hereby restored to the public domain and shall become subject to disposition…
Herbert Hoover Grade 9 • 1m
EO 5939 Oct 25, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5939—Revocation of Withdrawal of Public Lands Pending Resurvey, New Mexico
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 5452, dated September 25, 1930, which withdrew the public lands in T. 26 N., R. 11 W., New Mexico principal meridian, New Mexico, pending a resurvey, be, and the same is hereby, revoked.
Herbert Hoover Grade 8 • 1m
EO 5938 Oct 24, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5938—Enlarging the Harney National Forest, South Dakota
📜 Art. II §1: Executive Discretion & Internal Operations
The following-described land in South Dakota be, and it is hereby, included in and made a part of the Harney National Forest: T. 5 S., R. 1 E., Black Hills meridian, sec. 31, NE. ¼ and E. ½ SE. ¼, 237.61 acres.
Herbert Hoover High School • 1m
EO 5943 Oct 29, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5943—Revocation of Withdrawal of Public Lands Pending Resurvey, Colorado
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 4624, dated April 1, 1927, which withdrew with other lands the public lands in Tps. 49 N., Rs. 3 and 4 E., New Mexico principal meridian, Colorado, pending resurvey, be, and the same is hereby, revoked as to said townships.
Herbert Hoover College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 5940 (Oct. 26, 1932), https://executiveordersarchive.org/orders/app-executive-order-5940-exemption-william-bertrand-acker-from-compulsory-retirement-for-age.
