Subdivision XIII of Schedule A of the Civil Service Rules is amended by adding thereto the following paragraph: "4.
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on June 19, 1936, this order concerns Amendment of Subdivision XIII, Schedule A, Civil Service Rules. Subdivision XIII of Schedule A of the Civil Service Rules is amended by adding thereto the following paragraph: "4. One special assistant to the Secretary in the Office of the Secretary."
Subdivision XIII of Schedule A of the Civil Service Rules is amended by adding thereto the following paragraph: "4.
Evaluating 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."
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.
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.
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.
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Directs internal executive branch machinery, agency workflows, and federal personnel.
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
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, 1883 (22 Stat. 403, 404), Subdivision XIII of Schedule A of the Civil Service Rules is amended by adding thereto the following paragraph: "4. One special assistant to the Secretary in the Office of the Secretary." FRANKLIN D ROOSEVELT
June 19, 1936.
Other executive actions signed by Franklin D. Roosevelt around this period.
Exempt Miss Jessie McL. Watson from the provisions thereof and continue her in the service until August 1, 1937.
Franklin D. Roosevelt Exempt Benjamin F. Taylor from the provisions thereof and continue him in the service until August 1, 1937.
Franklin D. Roosevelt Executive Order No. 6014 of February 6, 1933, withdrawing public lands in T. 17 S., R. 9 W. of the Willamette meridian, Oregon, pending a resurvey, is hereby revoked.
Franklin D. Roosevelt The Federal Fire Council is hereby established as an official advisory agency in matters relating to the protection of Federal employees and property from fire. 2.
Franklin D. Roosevelt The following- described area consisting of 22,870 acres, more of less, acquired or to be acquired by the United States in Chatham and Effingham Counties, Georgia, and in Jasper County, South Carolina, as shown on the map attached hereto and made a part of this order, with all…
Franklin D. Roosevelt I hereby authorize and direct Charles O. Gregory, Solicitor of Labor, to perform the duties of Secretary of Labor during the absence of the Secretary of Labor and the Assistant Secretary of Labor.
Franklin D. Roosevelt Exec. Order No. 7393 (June 19, 1936), https://executiveordersarchive.org/orders/app-executive-order-7393-amendment-subdivision-xiii-schedule-civil-service-rules.
