PRESUMPTION OF ENTITLEMENT TO PENSIONS FOR SPANISH-WAR VETERANS AND CERTAIN WIDOWS, CHILDREN AND DEPENDENT PARENTS OF DECEASED WORLD WAR VETERANS. Whereas , Section 4, Title I, of Public No. 2, 73rd Congress entitled, "An Act To maintain the credit of the United States Government", provides: "The President shall prescribe by regulation (subject to the provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, service within which shall for the purposes of this Act be deemed war-time service. The President shall further prescribe by regulation the required number of days of war or peace time service for each class of veterans, the time limit on filing of claims for each class of veterans and their dependents, the nature and extent of proofs and presumptions for such different classes, and any other requirements as to entitlement as he shall deem equitable and just. The President in establishing conditions precedent may prescribe different requirements or conditions for the veterans of different wars and their dependents and may further subdivide the classes of persons as outlined in section 1 of this title and apply different requirements or conditions to such subdivisions." And Whereas , it is realized that veterans of the Spanish-American War, the Boxer Rebellion and the Philippine Insurrection, who have heretofore received a pension, having in mind the period of time which has elapsed since the cessation of hostilities, will be at a decided disadvantage in endeavoring to secure evidence showing that their injury or disease was incurred in line of duty in the active military or naval service: And Whereas , it is realized that those widows, children or dependent parents of deceased veterans of the World War who have heretofore received compensation under the presumptive provisions of the World War Veterans' Act, 1924, as amended, will likewise be at a disadvantage in endeavoring to secure evidence to show that the injury or disease from which the veteran died was incurred in the line of duty in the active military or naval service: Now Therefore , By virtue of the authority vested in me by said law the following Regulation is hereby promulgated: Veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and every widow, child or children, dependent father or mother of a deceased World War veteran who were in receipt of pension or compensation at the date of enactment of Public No. 2, 73rd Congress, shall be entitled to continue to receive a pension under this Act at the rate being paid them on the date of enactment of Public No. 2, 73rd Congress, it being presumed that the injury or disease causing the disability or death was incurred in the line of duty in the active military or naval service during either the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, or the World War, but such presumption shall be rebuttable and the Administrator of Veterans' Affairs is hereby authorized and directed to cause to be reviewed all such claims, and where on the basis of medical judgment or affirmative evidence it is determined that the injury or disease causing disability or death was not incurred in the line of duty in the active military or naval service, to discontinue payment of pension as of the last day of the calendar month during wffiich such determination is made. FRANKLIN D. ROOSEVELT March 31 st 1933 The White House.
Executive Order 6100—Veterans Regulation No. 12
Executive Brief • At a Glance
By virtue of the authority vested in me by said law the following Regulation is hereby promulgated: Veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and every widow, child or children, dependent father or mother of a deceased World War veteran who were in receipt of pension or compensation at the date of enactment of Public No. 2, 73rd…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on March 31, 1933, this order concerns Veterans Regulation No. 12. By virtue of the authority vested in me by said law the following Regulation is hereby promulgated: Veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and every widow, child or children, dependent father or mother of a deceased World War veteran who were in receipt of pension or compensation at the date of enactment of Public No. 2, 73rd Congress, shall be entitled…
Key Directives & Operative Actions
By virtue of the authority vested in me by said law the following Regulation is hereby promulgated: Veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and every widow, child or children, dependent father or mother of a deceased World War veteran who were in receipt of pension or compensation at the date of enactment of Public No. 2, 73rd…
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
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 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. 6100 (Mar. 31, 1933), https://executiveordersarchive.org/orders/app-executive-order-6100-veterans-regulation-no-12.