Whereas section 204 of the act of June 30, 1932, 47 Stat. 382, 404 (5 U.S.C., sec. 715a), provides: "On and after July 1, 1932, no person rendering civilian service in any branch or service of the United States Government or the municipal government of the District of Columbia who shall have reached the retirement age prescribed for automatic separation from the service, applicable to such person, shall be continued in such service, notwithstanding any provision of law or regulation to the contrary: Provided , That the President may, by Executive Order, exempt from the provisions of this section any person when, in his judgment, the public interest so requires * * *"; And Whereas the public interest requires that Carl F. Jeansen, principal engineer (Ordnance), Bureau of Ordnance, Navy Department, who was exempted from compulsory retirement for a period of one year by Executive Order No. 6914, of December 6, 1934, be further exempted from the provisions of this section and continued in the service until April 1, 1937: Now, Therefore , by virtue of and pursuant to the authority vested in me by the aforesaid section, I do hereby exempt Carl F. Jeansen from the provisions thereof and continue him in the service until April 1, 1937. FRANKLIN D. ROOSEVELT The White House, February 28, 1936.
Executive Order 7308 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 7308—Exemption of Carl F. Jeansen from Compulsory Retirement for Age
Executive Brief • At a Glance
⏱️ 1 min read (218 words) •
● In Effect
🎯 Primary Mandate
Exempt Carl F. Jeansen from the provisions thereof and continue him in the service until April 1, 1937.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 28, 1936, this order concerns Exemption of Carl F. Jeansen from Compulsory Retirement for Age. Exempt Carl F. Jeansen from the provisions thereof and continue him in the service until April 1, 1937.
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
Exempt Carl F. Jeansen from the provisions thereof and continue him in the service until April 1, 1937.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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 2 (Zone of Twilight)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
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.
Madisonian Stance: Vigilant / Cautionary
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: Strong Prerogative Support
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
47 / 100 friction index
Dimension 1 • Art. I, §1 & §8
High Friction
Legislative Encroachment & Purse
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
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
Moderate Friction
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.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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
218
1,305 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 6914 Dec 6, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6914—Exemption of Carl F. Jeansen From Compulsory Retirement for Age
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Exempt Carl F. Jeansen from the provisions thereof and continue him in the service until March 31, 1936.
Franklin D. Roosevelt College Level • 1m
EO 7310 Feb 28, 1936
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7310—Exemption of W. H. Moran from Compulsory Retirement for Age
📜 Art. I §8: Delegated Tariff & Commerce Execution
Exempt W. H. Moran from the provisions thereof and continue him in the service until January 1, 1937.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7309 Feb 28, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7309—Withdrawal of Public Land in Aid of Legislation, Alaska
📜 Art. II §1: Executive Discretion & Internal Operations
Subject to valid existing rights, the following-described public land in Alaska be, and it is hereby, temporarily withdrawn from settlement, location, sale, or entry, in aid of legislation: Fairbanks Meridian T. 1 S., R. 1 W., sec. 9, lot 12, SW¼ SW¼; sec. 14, SW¼; sec. 15…
Franklin D. Roosevelt Grade 7 • 1m
EO 7307 Feb 28, 1936
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7307—Exemption of Luther L. Browning from Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt Luther L. Browning from the provisions thereof and continue him in the service until November 1, 1936.
Franklin D. Roosevelt College Level • 1m
EO 7306 Feb 28, 1936
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7306—Authorizing the Appointment of Mrs. Hilda McTeer to a Position in the Classified Service of the Government Without Regard to Civil-Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Mrs. Hilda McTeer may be appointed to a position in the classified service of the Government without compliance with the requirements of the civil-service rules.
Franklin D. Roosevelt High School • 1m
EO 7305 Feb 28, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7305—Allocating Funds to the Farm Credit Administration and Prescribing Rules and Regulations for the Making of Emergency Crop Loans Under the Emergency Relief Appropriation Act of 1935
📜 5th Amend: Regulatory Execution with Due Process
There is set aside from funds provided by the said Act for the use of the Farm Credit Administration for the purpose of making loans to farmers during the year 1936, under limitation (b) in section 1 of the said Act, in the United States, Hawaii, and Puerto Rico, for fallowing…
Franklin D. Roosevelt Post-Graduate Legal • 3m
📜
Scholarly & Legal Citations
Exec. Order No. 7308 (Feb. 28, 1936), https://executiveordersarchive.org/orders/app-executive-order-7308-exemption-carl-f-jeansen-from-compulsory-retirement-for-age.
