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 transfer to the Department of Justice the powers and duties now exercised by the Veterans' Administration which relate to the defense in court of cases involving litigation arising under section 19 of the World War Veterans' Act, 1924, as amended, except that the Veterans' Administration shall retain the powers and duties it now exercises pertaining to the obtaining of facts, the interviewing of witnesses, the preparation of evidence, and the procuring of all material which the Government needs in such cases. Such officers and employees of the Veterans' Administration, who are now engaged in the work herein transferred, as in the judgment of the Attorney General are available for the efficient performance of the work, are hereby transferred to the Department of Justice, and all other such officers and employees shall be dismissed. All books, records, papers, public property, including office equipment, and the unexpended balance of the appropriations or allotments or other funds pertaining to the powers and duties herein transferred shall be transferred to the Department of Justice as of the date this order becomes effective. This order shall take effect upon the sixty-first calendar day after its transmission to the 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 5967—Transfer to the Department of Justice of Certain Functions Now Performed by the Veterans' Administration
Executive Brief • At a Glance
I hereby transfer to the Department of Justice the powers and duties now exercised by the Veterans' Administration which relate to the defense in court of cases involving litigation arising under section 19 of the World War Veterans' Act, 1924, as amended, except that the Veterans' Administration shall retain the powers and duties it now exercises pertaining to the obtaining of facts, the interviewing of witnesses, the preparation of evidence, and the procuring of all material which the Government needs in such cases.
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 Transfer to the Department of Justice of Certain Functions Now Performed by the Veterans' Administration. I hereby transfer to the Department of Justice the powers and duties now exercised by the Veterans' Administration which relate to the defense in court of cases involving litigation arising under section 19 of the World War Veterans' Act, 1924, as amended, except that the Veterans' Administration shall retain the powers and duties it now exercises pertaining to the obtaining of facts, the interviewing of witnesses…
Key Directives & Operative Actions
I hereby transfer to the Department of Justice the powers and duties now exercised by the Veterans' Administration which relate to the defense in court of cases involving litigation arising under section 19 of the World War Veterans' Act, 1924, as amended, except that the Veterans' Administration shall retain the powers and duties it now exercises pertaining to the obtaining of facts, the interviewing of witnesses, the preparation of evidence, and the procuring of all material which the Government needs in such cases.
Such officers and employees of the Veterans' Administration, who are now engaged in the work herein transferred, as in the judgment of the Attorney General are available for the efficient performance of the work, are hereby transferred to the Department of Justice, and all other such officers and employees shall be dismissed.
All books, records, papers, public property, including office equipment, and the unexpended balance of the appropriations or allotments or other funds pertaining to the powers and duties herein transferred shall be transferred to the Department of Justice as of the date this order becomes effective.
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 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."
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.
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 order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 5967 (Dec. 9, 1932), https://executiveordersarchive.org/orders/app-executive-order-5967-transfer-the-department-justice-certain-functions-now-performed-the.