By virtue of the authority vested in me by section 1753 of the Revised Statutes (5 U.S.C., sec. 631), and by the Civil Service Act of January 16, 1883 (ch. 27, 22 Stat. 403, 404), and in view of the existing emergency with regard to the immediate taking of the agricultural census, it is hereby ordered that the Civil Service Commission may set up procedure and promulgate regulations under which persons who have passed civil-service examination and who have served temporarily or probationally for 6 months or more, with good records, in the Bureau of the Census, may have their names entered on a special reemployment list for temporary employments only in the Bureau of the Census in connection with the pending agricultural census. This special reemployment list shall be given priority over other registers of eligibles when so requested by the Secretary of Commerce. FRANKLIN D. ROOSEVELT The White House, September 1, 1934.
Executive Order 6838—Authorizing Establishment of Special Reemployment List for Temporary Employments in the Bureau of the Census
Executive Brief • At a Glance
This special reemployment list shall be given priority over other registers of eligibles when so requested by the Secretary of Commerce.
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 September 1, 1934, this order concerns Authorizing Establishment of Special Reemployment List for Temporary Employments in the Bureau of the Census. The Civil Service Commission may set up procedure and promulgate regulations under which persons who have passed civil-service examination and who have served temporarily or probationally for 6 months or more, with good records, in the Bureau of the Census, may have their names entered on a special reemployment list for temporary employments only in the Bureau of the Census in connection with the pending…
Key Directives & Operative Actions
This special reemployment list shall be given priority over other registers of eligibles when so requested by the Secretary of Commerce.
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 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
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. 6838 (Sept. 1, 1934), https://executiveordersarchive.org/orders/app-executive-order-6838-authorizing-establishment-special-reemployment-list-for-temporary.