By virtue of and pursuant to the authority vested in me by the Civil Service Act (22 Stat. 403, 404), it is ordered that section 6 of Civil Service Rule II be, and it is hereby, amended to read as follows: "6. Excepted employees-when classified .- Except as provided in section 7 of this rule, a person holding a position when it is placed in the classified (competitive) service or otherwise is made subject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is employed, have all the rights which he would acquire if appointed thereto upon competitive examination: Provided , (a) that he was appointed to such position, or to a position being placed in the classified (competitive) service under the same authority of law or Executive order, at least six months prior to the effective date of the change in the status of the position; (b) that he has performed satisfactory active service in either or both of such positions for an aggregate of at least three months of the six months immediately preceding the change in the status of the position; (c) that he shall pass such appropriate non-competitive tests of fitness as the Commission may prescribe; and (d) that he is not disqualified by any provision of section 3 of Civil Service Rule V or of any other Civil Service Rule, or by any provision of the Civil Service Act or any other statute, or Executive order; and Provided further , that in conferring a classified (competitive) status upon any employee under this, or any other, rule, or any statute or Executive order, the Commission (a) may in its discretion exempt from the physical requirements established for any position any employee who has rendered long and faithful service in a civil capacity for the Government, and (b) may consider a person whose name is carried on the compensation rolls of the Employees' Compensation Commission as having rendered satisfactory active service in the position in which he last served for the period during which his name is carried on such rolls. Any such person who fails to meet the above-stated requirements of this section shall be separated from the service within thirty days (exclusive of leave to which he is entitled) after the Commission reports that he is ineligible to acquire a classified (competitive) status unless the head of the department or agency concerned certifies to the Commission that such person has rendered satisfactory service and that he should be retained although without acquiring such status." The provisions of this order shall also apply to the incumbents of positions heretofore or hereafter covered into the classified (competitive) service by section 1 of Executive Order No. 7916 of June 24, 1938, and section 3 of that order is modified accordingly. This order is recommended by the Civil Service Commission. FRANKLIN D. ROOSEVELT The White House, November 9, 1939.
Executive Order 8283—Amendment of Section 6 of Civil Service Rule II
Executive Brief • At a Glance
Of Civil Service Rule II be, and it is hereby, amended to read as follows: "6.
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 November 9, 1939, this order concerns Amendment of Section 6 of Civil Service Rule II. Section 6 of Civil Service Rule II be, and it is hereby, amended to read as follows: "6. Excepted employees-when classified .- Except as provided in section 7 of this rule, a person holding a position when it is placed in the classified (competitive) service or otherwise is made subject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is…
Key Directives & Operative Actions
Of Civil Service Rule II be, and it is hereby, amended to read as follows: "6.
Excepted employees-when classified .- Except as provided in section 7 of this rule, a person holding a position when it is placed in the classified (competitive) service or otherwise is made subject to competitive examination shall, upon recommendation to the Commission by the head of the department or agency in which he is employed, have all the rights which he would acquire if appointed thereto upon competitive examination: Provided , (a) that he was appointed to such position, or to a position being placed in the classified (competitive) service under the same authority of law or Executive order, at least six months prior to the effective date of the change in the status of the position; (b) that he has performed satisfactory active…
Any such person who fails to meet the above-stated requirements of this section shall be separated from the service within thirty days (exclusive of leave to which he is entitled) after the Commission reports that he is ineligible to acquire a classified (competitive) status unless the head of the department or agency concerned certifies to the Commission that such person has rendered satisfactory service and that he should be retained although without acquiring such status." The provisions of this order shall also apply to the incumbents of positions heretofore or hereafter covered into the classified (competitive) service by section 1 of Executive Order No. 7916 of June 24, 1938, and section 3 of that order is modified accordingly.
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
"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
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 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.
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. 8283 (Nov. 9, 1939), https://executiveordersarchive.org/orders/app-executive-order-8283-amendment-section-6-civil-service-rule-ii.