Whereas sections 401 and 403 of Title IV of Part II of the act approved June 30, 1932, provide— "Sec. 401. In order to further reduce expenditures and increase efficiency in government it is declared to be the policy of Congress— "(a) To group, coordinate, and consolidate executive and administrative agencies of the Government, as nearly as may be, according to major purpose; "(6) To reduce the number of such agencies by consolidating those having similar functions under a single head; "(c) To eliminate overlapping and duplication of effort; and "(d) To segregate regulatory agencies and functions from those of an administrative and executive character. * * * * * * * "Sec. 403. For the purpose of carrying out the policy of Congress as declared in section 401 of this title, the President is authorized by Executive order— "(1) To transfer the whole or any part of any independent executive agency, and/or the functions thereof, to the jurisdiction and control of an executive department or another independent executive agency; "(2) To transfer the whole or any part of any executive agency, and/or the functions thereof, from the jurisdiction and control of one executive department to the jurisdiction and control of another executive department; or "(3) To consolidate or redistribute the functions vested in any executive department or in the executive agencies included in any executive department; and "(4) To designate and fix the name and functions of any consolidated activity or executive agency and the title, powers, and duties of its executive head." Now, Therefore , by virtue of the authority so vested in me, I hereby order that the following transfers be made to the Coast Guard Service of the Treasury Department: The Immigration Border Patrol from the Bureau of Immigration, Department of Labor. The Customs Patrol from the Bureau of Customs, Treasury Department. The Commandant of the Coast Guard shall take action toward the establishment of a unified border patrol, which shall become effective upon order of the Secretary of the Treasury with the approval of the President. The agencies that are transferred shall carry with them all their powers and duties, personnel, books, records, and papers pertaining to the work thereof; all public property including office equipment and laboratory facilities, both in Washington and in the field, appertaining thereto; and the unexpended balances of their appropriations or allotments or other funds as to the date this order becomes effective. All power and authority conferred by law upon the Secretary of Labor or other officers of that department in relation to the border patrol of the Bureau of Immigration and/or the Commissioner of Customs or other officer of the Customs Service with respect to the border patrol of the Customs Service shall, when such transfer is effected, be fully conferred upon and vested in the Coast Guard Service or the commandant thereof, as the case may be. With the approval of the President, the Secretary of the Treasury shall have the power, by order or regulation, to consolidate, eliminate, or redistribute the bureaus, agencies, offices, or activities and/or their functions, in the Treasury Department in so far as such action may be required to carry out the purposes of the consolidation herein ordered and by rules and regulations, not inconsistent with law, to fix the functions thereof and the duties, powers, and titles of their respective executive heads. This order shall take effect upon the sixty-first calendar day after its transmission to Congress unless otherwise determined in accordance with the provisions of section 407 of the act cited above. HERBERT HOOVER The White House, December 9, 1932.
Executive Order 5966—Establishing a Unified Border Patrol in the Coast Guard Service, Treasury Department
Executive Brief • At a Glance
The following transfers be made to the Coast Guard Service of the Treasury Department: The Immigration Border Patrol from the Bureau of Immigration, Department of Labor.
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 December 9, 1932, this order concerns Establishing a Unified Border Patrol in the Coast Guard Service, Treasury Department. The following transfers be made to the Coast Guard Service of the Treasury Department: The Immigration Border Patrol from the Bureau of Immigration, Department of Labor. The Customs Patrol from the Bureau of Customs, Treasury Department.
Key Directives & Operative Actions
The following transfers be made to the Coast Guard Service of the Treasury Department: The Immigration Border Patrol from the Bureau of Immigration, Department of Labor.
The Commandant of the Coast Guard shall take action toward the establishment of a unified border patrol, which shall become effective upon order of the Secretary of the Treasury with the approval of the President.
The agencies that are transferred shall carry with them all their powers and duties, personnel, books, records, and papers pertaining to the work thereof; all public property including office equipment and laboratory facilities, both in Washington and in the field, appertaining thereto; and the unexpended balances of their appropriations or allotments or other funds as to the date this order becomes effective.
All power and authority conferred by law upon the Secretary of Labor or other officers of that department in relation to the border patrol of the Bureau of Immigration and/or the Commissioner of Customs or other officer of the Customs Service with respect to the border patrol of the Customs Service shall, when such transfer is effected, be fully conferred upon and vested in the Coast Guard Service or the commandant thereof, as the case may be.
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
"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.
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.
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
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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 in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 5966 (Dec. 9, 1932), https://executiveordersarchive.org/orders/app-executive-order-5966-establishing-unified-border-patrol-the-coast-guard-service-treasury.