Whereas section 16 of the act of March 3, 1933 (ch. 212, 47 Stat. 1517), provides for reorganizations witliin the executive branch of the Government, requires the President to investigate and determine what reorganizations are necessary to effectuate the purposes of the act, and authorizes the President to make such reorganizations by Executive order; and Whereas section 2 of Executive Order No. 6166 of June 10, 1933, provides, among other things, that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State; and Whereas the effective date of the aforementioned provision of section 2 of Executive Order No. 6166 was postponed until further order by section 3 of Executive Order No. 6228 of July 28, 1933; and Whereas after further investigation I find and declare that the transfer of the functions of administration pertaining to national cemeteries,including memorials, in Europe from the War Department to the American Battle Monuments Commission would be in the public interest and would effectuate the purposes of said section 16; Now, Therefore , by virtue of and pursuant to the authority vested in me by the aforesaid section 16 of the act of March 3, 1933, it is ordered that so much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked. It is further ordered that all functions of administration pertaining to national cemeteries and memorials located in Europe now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, be, and they are hereby, transferred from the War Department to the American Battle Monuments Commission. The unexpended balances of appropriations and/or allotments of appropriations now, or which may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary, and any remaining balance shall, in accordance with law, be impounded and returned to the Treasury. This order will become effective in accordance with the provisions of section 1 of title III of the act of March 20, 1933 (ch. 3, 48 Stat. 16): Provided , That in case it shall appear to the President that the interests of economy require that the transfer be delayed beyond the date this order is to become effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. Done in triplicate. FRANKLIN D. ROOSEVELT The White House, February 26, 1934.
Executive Order 6614—Transfer of Functions of the War Department Pertaining to National Cemeteries and Memorials in Europe to the American Battle Monuments Commission
Executive Brief • At a Glance
So much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked.
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 February 26, 1934, this order concerns Transfer of Functions of the War Department Pertaining to National Cemeteries and Memorials in Europe to the American Battle Monuments Commission. So much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked.
Key Directives & Operative Actions
So much of section 2 of Executive Order No. 6166 of June 10, 1933, as provides that the functions of administration pertaining to national cemeteries located in foreign countries shall be transferred to the Department of State be, and it is hereby, revoked.
It is further ordered that all functions of administration pertaining to national cemeteries and memorials located in Europe now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, be, and they are hereby, transferred from the War Department to the American Battle Monuments Commission.
The unexpended balances of appropriations and/or allotments of appropriations now, or which may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary, and any remaining balance shall, in accordance with law, be impounded and returned to the Treasury.
This order will become effective in accordance with the provisions of section 1 of title III of the act of March 20, 1933 (ch. 3, 48 Stat. 16): Provided , That in case it shall appear to the President that the interests of economy require that the transfer be delayed beyond the date this order is to become effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 6614 (Feb. 26, 1934), https://executiveordersarchive.org/orders/app-executive-order-6614-transfer-functions-the-war-department-pertaining-national-cemeteries.