By virtue of the authority vested in me by the provisions of the last sentence of the eighth paragraph of subdivision second of section 2 of the Civil Service Act of January 16, 1883 (ch. 27, 22 Stat. 403, 404), it is hereby ordered that the following-named persons may be appointed to appropriate positions in the Bureau of Internal Revenue of the Treasury Department without compliance with the requirements of the civil-service rules: Job K. Jones Glenn A. Ruggles Allan B. Walsh Spaulding F. Glass B. Fritz Smith George Young Arthur D. Condon M. S. Zimmerman Phelps F. Ferris J.O. Rhyne Herbert W. Huber Paul R. Younts Joseph P. Russell Hubert F. Teitman Leon Chatelain, Jr. Phillip N. Davison George R. O'Neil Sam L. Conor Daniel M. Dwyer Sithur. M. Almand Gale P. Kyle Arthur R. Carnduff Ernie G. Carroll L. Robert Driver This order is recommended by the Acting Secretary of the Treasury. FRANKLIN D. ROOSEVELT The White House, November 17, 1933.
Executive Order 6438 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 6438-A—Authorization to Appoint Job K. Jones, Allan B. Walsh, Et Al.
Executive Brief • At a Glance
⏱️ 1 min read (163 words) •
● In Effect
🎯 Primary Mandate
The following-named persons may be appointed to appropriate positions in the Bureau of Internal Revenue of the Treasury Department without compliance with the requirements of the civil-service rules: Job K. Jones Glenn A. Ruggles Allan B. Walsh Spaulding F. Glass B. Fritz Smith George Young Arthur D. Condon M. S. Zimmerman Phelps F. Ferris J.O. Rhyne Herbert W. Huber Paul R. Younts Joseph P. Russell Hubert F. Teitman Leon Chatelain, Jr. Phillip N. Davison George R. O'Neil Sam L. Conor Daniel M. Dwyer Sithur.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities
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 November 17, 1933, this order concerns Authorization to Appoint Job K. Jones, Allan B. Walsh, Et Al. The following-named persons may be appointed to appropriate positions in the Bureau of Internal Revenue of the Treasury Department without compliance with the requirements of the civil-service rules: Job K. Jones Glenn A. Ruggles Allan B. Walsh Spaulding F. Glass B. Fritz Smith George Young Arthur D. Condon M. S. Zimmerman Phelps F. Ferris J.O. Rhyne Herbert W. Huber Paul R. Younts Joseph P. Russell Hubert F.…
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
▪
The following-named persons may be appointed to appropriate positions in the Bureau of Internal Revenue of the Treasury Department without compliance with the requirements of the civil-service rules: Job K. Jones Glenn A. Ruggles Allan B. Walsh Spaulding F. Glass B. Fritz Smith George Young Arthur D. Condon M. S. Zimmerman Phelps F. Ferris J.O. Rhyne Herbert W. Huber Paul R. Younts Joseph P. Russell Hubert F. Teitman Leon Chatelain, Jr. Phillip N. Davison George R. O'Neil Sam L. Conor Daniel M. Dwyer Sithur.
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
🏛️ Financial Institutions & Monetary Authorities
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 1 (Maximum Authority)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
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.
Madisonian Stance: Concurring (Statutory)
AH
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.
Hamiltonian Stance: Supportive of Execution
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
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
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
163
952 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
6.1
Grade 6
Text size:
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📜
Scholarly & Legal Citations
Exec. Order No. 6438 (Nov. 17, 1933), https://executiveordersarchive.org/orders/app-executive-order-6438-authorization-appoint-job-k-jones-allan-b-walsh-et-al.
