By virtue of and pursuant to the authority vested in me by the provisions of paragraph Eighth of subdivision SECOND of section 2 of the Civil Service Act of January 16, 1885 (22 Stat. 405, 404), it is hereby ordered that the maximum age limit for entrance to examinations under civil-service rules be waived to permit William H. Klunk and William H. Bierhalter to compete in the pending civil-service examinations for the positions of chief engineman and watchman, respectively, custodial service, Columbus, Odo, in which positions they have been serving satisfactorily under extended temporary appointments. This order is issued on the recommendation of the Civil Service Commission because these employees reached the maximum age limit before the announcement of the examinations, which was delayed on account of pressure of work. FRANKLIN D. ROOSEVELT The White House, July 19, 1935.
Executive Order 7109—Waiver of Maximum Age Limit to Permit William H. Klunk and William H. Bierhalter to Compete in Civil-Service Examinations
Executive Brief • At a Glance
The maximum age limit for entrance to examinations under civil-service rules be waived to permit William H. Klunk and William H. Bierhalter to compete in the pending civil-service examinations for the positions of chief engineman and watchman, respectively, custodial service, Columbus, Odo, in which positions they have been serving satisfactorily under extended temporary appointments.
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 July 19, 1935, this order concerns Waiver of Maximum Age Limit to Permit William H. Klunk and William H. Bierhalter to Compete in Civil-Service Examinations. The maximum age limit for entrance to examinations under civil-service rules be waived to permit William H. Klunk and William H. Bierhalter to compete in the pending civil-service examinations for the positions of chief engineman and watchman, respectively, custodial service, Columbus, Odo, in which positions they have been serving satisfactorily under extended temporary appointments.
Key Directives & Operative Actions
The maximum age limit for entrance to examinations under civil-service rules be waived to permit William H. Klunk and William H. Bierhalter to compete in the pending civil-service examinations for the positions of chief engineman and watchman, respectively, custodial service, Columbus, Odo, in which positions they have been serving satisfactorily under extended temporary appointments.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
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
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. 7109 (July 19, 1935), https://executiveordersarchive.org/orders/app-executive-order-7109-waiver-maximum-age-limit-permit-william-h-klunk-and-william-h.