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 lew 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 Edward B. Russ, Chief of the Stenographic Section, Department of State, who, during the month of February, 1938, will reach the retirement age prescribed for automatic separation from the service, be exempted from the provisions of this section and continued in the service until March 1, 1939; Now, Therefore , by virtue of and pursuant to the authority vested in me by the aforesaid section, I do hereby exempt Edward B. Russ from the provisions thereof and continue him in the service until March 1, 1939. FRANKLIN D. ROOSEVELT The White House, January 13, 1938.
Executive Order 7791—Exemption of Edward B. Russ From Compulsory Retirement for Age
Executive Brief • At a Glance
Exempt Edward B. Russ from the provisions thereof and continue him in the service until March 1, 1939.
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 January 13, 1938, this order concerns Exemption of Edward B. Russ From Compulsory Retirement for Age. Exempt Edward B. Russ from the provisions thereof and continue him in the service until March 1, 1939.
Key Directives & Operative Actions
Exempt Edward B. Russ from the provisions thereof and continue him in the service until March 1, 1939.
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 pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
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 President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
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. 7791 (Jan. 13, 1938), https://executiveordersarchive.org/orders/app-executive-order-7791-exemption-edward-b-russ-from-compulsory-retirement-for-age.