The provisions of the Executive order of January 17, 1873, prohibiting Federal employees from holding office under any State, territorial, or municipal government, are hereby waived to permit Raymond Moley, Assistant Secretary of State, to hold the position of a member of the commission to investigate and collect facts relating to the present administration of justice in the State of New York under the provisions of chapter 727, Laws of New York, 1930, and amendments thereto, in view of the fact that such office is without compensation and will not conflict with the duties by said Raymond Moley as Assistant Secretary of State. FRANKLIN D. ROOSEVELT The White House, April 12, 1933.
Executive Order 6108—Waiver of Provisions of Executive Order of January 17, 1873, for Raymond Moley
Executive Brief • At a Glance
The provisions of the Executive order of January 17, 1873, prohibiting Federal employees from holding office under any State, territorial, or municipal government, are hereby waived to permit Raymond Moley, Assistant Secretary of State, to hold the position of a member of the commission to investigate and collect facts relating to the present administration of justice in the State of New York under the provisions of chapter 727, Laws of New York, 1930, and amendments thereto, in view of the fact that such office is without compensation and will not conflict with the duties by said Raymond Moley as Assistant Secretary of State.
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 April 12, 1933, this order concerns Waiver of Provisions of Executive Order of January 17, 1873, for Raymond Moley. The provisions of the Executive order of January 17, 1873, prohibiting Federal employees from holding office under any State, territorial, or municipal government, are hereby waived to permit Raymond Moley, Assistant Secretary of State, to hold the position of a member of the commission to investigate and collect facts relating to the present administration of justice in the State of New York under the provisions…
Key Directives & Operative Actions
The provisions of the Executive order of January 17, 1873, prohibiting Federal employees from holding office under any State, territorial, or municipal government, are hereby waived to permit Raymond Moley, Assistant Secretary of State, to hold the position of a member of the commission to investigate and collect facts relating to the present administration of justice in the State of New York under the provisions of chapter 727, Laws of New York, 1930, and amendments thereto, in view of the fact that such office is without compensation and will not conflict with the duties by said Raymond Moley as Assistant Secretary of State.
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
"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.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Applies regulatory or compliance standards to private contractors or commercial entities.
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. 6108 (Apr. 12, 1933), https://executiveordersarchive.org/orders/app-executive-order-6108-waiver-provisions-executive-order-january-17-1873-for-raymond-moley.