Under the authority vested In me by the act of May 24, 1924, 43 Stat. 140, 144, the act of February 23, 1931, 46 Stat. 1207, 1211, and Reorganization Plan. No. II, transmitted by the President to the Congress (H. Doc. 288) on May 9, 1939, and by Public Resolution No. 20, 76th Congress, 1st Session, approved June 7, 1939, I hereby prescribe the following regulations pertaining to the membership of the Board of Foreign Service Personnel: 1. The officer of the Department of Commerce who shall be added to the membership of the Board of Foreign Service Personnel in accordance with the provisions of subsection (b) (5) of section 1 of Reorganization Plan No. II shall sit as a member of the Board only when nominations and assignments of commercial attaches, the selection or assignment of Foreign Service officers for specialized training in commercial work, or other matters of interest to the Department of Commerce are under consideration; 2. The officer of the Department of Agriculture who shall be added to the membership of the Board of Foreign Service Personnel in accordance with the provisions of subsection (b) (5) of section 1 of Reorganization Plan No. II shall sit as a member of the Board only when nominations and assignments of agricultural attaches, the selection or assignment of Foreign Service officers for specialized training in agricultural work, or other matters of interest to the Department of Agriculture are under consideration. 3. The officers of the Department of Commerce and the Department of Agriculture who shall be designated as members of the Board of Foreign Service Personnel shall also be members of the School Board directing the Foreign Service Officers' Training School, as established and provided for by section 8 of Executive Order No. 5642 of June 8, 1931, which is hereby amended accordingly, and each shall sit as a member of the School Board when matters of interest to his respective Department shall be under consideration. 4. With reference to the Board of Examiners for the Foreign Service, the first paragraph of section 3 of the said Executive Order No. 5642 of June 8, 1931, is hereby amended to read as follows: "3. Examination for the Foreign Service . There is hereby constituted a Board of Examiners, which shall conduct examinations to determine the eligibility of candidates for the Foreign Service, composed as follows: Three Assistant Secretaries of State designated by the Secretary of State, an officer of the Department of Commerce designated by the Secretary of Commerce and acceptable to the Secretary of State, an officer of the Department of Agriculture designated by the Secretary of Agriculture and acceptable to the Secretary of State, the Chief of the Division of Foreign Service Personnel, and the Chief Examiner of the Civil Service Commission. "Any member of the Board may, when he deems it necessary, designate another officer of his Department to serve for him on the Board, provided such officer as may be designated to represent a member of the Board shall be acceptable to the Secretary of State and approved by him. "The rules for the conduct of examinations as established in subsections (a) to (k), inclusive, of section 3 of the said Executive Order No. 5642 of June 8, 1931, shall remain in full force and effect." This order shall become effective on July 1, 1939. FRANKLIN D. ROOSEVELT The White House, June 29, 1939 .
Executive Order 8185—Administration of the Foreign Service Under Reorganization Plan No. II
Executive Brief • At a Glance
I hereby prescribe the following regulations pertaining to the membership of the Board of Foreign Service Personnel: 1.
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 June 29, 1939, this order concerns Administration of the Foreign Service Under Reorganization Plan No. II. I hereby prescribe the following regulations pertaining to the membership of the Board of Foreign Service Personnel: 1. The officer of the Department of Commerce who shall be added to the membership of the Board of Foreign Service Personnel in accordance with the provisions of subsection (b) (5) of section 1 of Reorganization Plan No. II shall sit as a member of the Board only when nominations and assignments of…
Key Directives & Operative Actions
I hereby prescribe the following regulations pertaining to the membership of the Board of Foreign Service Personnel: 1.
The officer of the Department of Commerce who shall be added to the membership of the Board of Foreign Service Personnel in accordance with the provisions of subsection (b) (5) of section 1 of Reorganization Plan No. II shall sit as a member of the Board only when nominations and assignments of commercial attaches, the selection or assignment of Foreign Service officers for specialized training in commercial work, or other matters of interest to the Department of Commerce are under consideration; 2.
The officer of the Department of Agriculture who shall be added to the membership of the Board of Foreign Service Personnel in accordance with the provisions of subsection (b) (5) of section 1 of Reorganization Plan No. II shall sit as a member of the Board only when nominations and assignments of agricultural attaches, the selection or assignment of Foreign Service officers for specialized training in agricultural work, or other matters of interest to the Department of Agriculture are under consideration. 3.
The officers of the Department of Commerce and the Department of Agriculture who shall be designated as members of the Board of Foreign Service Personnel shall also be members of the School Board directing the Foreign Service Officers' Training School, as established and provided for by section 8 of Executive Order No. 5642 of June 8, 1931, which is hereby amended accordingly, and each shall sit as a member of the School Board when matters of interest to his respective Department shall be under consideration. 4.
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
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
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.
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. 8185 (June 29, 1939), https://executiveordersarchive.org/orders/app-executive-order-8185-administration-the-foreign-service-under-reorganization-plan-no-ii.