By virtue of and pursuant to the authority vested in me as President of the United States and by the provisions of paragraph Eighth, subdivision SECOND, section 2 of the Civil Service Act (22 Stat. 403, 404) it is hereby ordered as follows: 1. All records, files, equipment, and property of every kind of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, established by Executive Order No. 7711, of September 22, 1937, pursuant to the act approved August 30, 1937 (50 Stat. 883), shall be transferred effective as of November 1, 1938, to the custody and control of the Secretary of Commerce. 2. William C. Cole, George H. McEwen, Mrs. Margaret M. Martin, and Frank R. Wilson, who have served with merit under the said Administrator, may be appointed to appropriate positions in the classified civil service without compliance with the competitive requirements of the Civil Service Rules, subject to their establishing requisite qualifications before the Civil Service Commission. FRANKLIN D. ROOSEVELT The White House, October 31, 1938 .
Executive Order 7999—Transferring to the Secretary of Commerce the Records and Property of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, and Authorizing the Employment of Certain Employees of That Office Without Regard to the Competitive Requirements of the Civil Service Rules
Executive Brief • At a Glance
All records, files, equipment, and property of every kind of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, established by Executive Order No. 7711, of September 22, 1937, pursuant to the act approved August 30, 1937 (50 Stat. 883), shall be transferred effective as of November 1, 1938, to the custody and control of the Secretary of Commerce. 2.
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 October 31, 1938, this order concerns Transferring to the Secretary of Commerce the Records and Property of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, and Authorizing the Employment of Certain Employees of That Office Without Regard to the Competitive Requirements of the Civil Service Rules. All records, files, equipment, and property of every kind of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, established by Executive Order No. 7711, of September 22, 1937, pursuant to the act approved August 30, 1937 (50 Stat. 883), shall be transferred effective as of November 1, 1938, to the custody and control of the Secretary of Commerce. 2.
Key Directives & Operative Actions
All records, files, equipment, and property of every kind of the Office of the Administrator of the Census of Partial Employment, Unemployment and Occupations, established by Executive Order No. 7711, of September 22, 1937, pursuant to the act approved August 30, 1937 (50 Stat. 883), shall be transferred effective as of November 1, 1938, to the custody and control of the Secretary of Commerce. 2.
William C. Cole, George H. McEwen, Mrs. Margaret M. Martin, and Frank R. Wilson, who have served with merit under the said Administrator, may be appointed to appropriate positions in the classified civil service without compliance with the competitive requirements of the Civil Service Rules, subject to their establishing requisite qualifications before the Civil Service 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 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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
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
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 within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7999 (Oct. 31, 1938), https://executiveordersarchive.org/orders/app-executive-order-7999-transferring-the-secretary-commerce-the-records-and-property-the.