By virtue of and pursuant to the authority vested in me by the provisions of paragraph Eighth, subdivision SECOND, section 2 of the Civil Service Act (22 Stat. 403, 404), it is hereby ordered that the time limitations contained in Civil Service Rule IX may be waived to permit the reinstatement of Mrs. Jessie Scott Arnold to a classified position in the Federal Trade Commission. Mrs. Arnold has served in the War Department and the Federal Trade Commission, and is the wife of John Knox Arnold, who has been retired from his position in the Federal Trade Commission on account of permanent and total disability. This order is recommended by the Federal Trade Commission. FRANKLIN D. ROOSEVELT The White House, April 22, 1938.
Executive Order 7874—Waiver of Time Limitations Contained in Civil Service Rule IX to Permit the Reinstatement of Mrs. Jessie Scott Arnold to a Position in the Classified Service
Executive Brief • At a Glance
The time limitations contained in Civil Service Rule IX may be waived to permit the reinstatement of Mrs. Jessie Scott Arnold to a classified position in the Federal Trade Commission.
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 April 22, 1938, this order concerns Waiver of Time Limitations Contained in Civil Service Rule IX to Permit the Reinstatement of Mrs. Jessie Scott Arnold to a Position in the Classified Service. The time limitations contained in Civil Service Rule IX may be waived to permit the reinstatement of Mrs. Jessie Scott Arnold to a classified position in the Federal Trade Commission. Mrs. Arnold has served in the War Department and the Federal Trade Commission, and is the wife of John Knox Arnold, who has been retired from his position in the Federal Trade Commission on account of permanent and total disability.
Key Directives & Operative Actions
The time limitations contained in Civil Service Rule IX may be waived to permit the reinstatement of Mrs. Jessie Scott Arnold to a classified position in the Federal Trade Commission.
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
"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.
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
Engages state and local partners in cooperative federalism programs.
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. 7874 (Apr. 22, 1938), https://executiveordersarchive.org/orders/app-executive-order-7874-waiver-time-limitations-contained-civil-service-rule-ix-permit-the.