By virtue of the authority vested in me by paragraph Eighth of subdivision SECOND of section 2 of the Civil Service Act (22 Stat. 403, 404), the Civil Service Commission is hereby authorized to confer a competitive classified civil-service status upon those employees of the former Works Progress Administration, the former Federal Emergency Administration of Public Works, the former National Emergency Council, and the Office of the Commissioner of Accounts and Deposits of the Treasury Department, who were assigned to the Wage and Hour Division of the Department of Labor and who were serving in that Division on May 15, 1939: Provided, (1) that such employees are certified by the Administrator of the Wage and Hour Division as having rendered satisfactory service; (2) that they qualify in such appropriate noncompetitive examination as may be prescribed by the Civil Service Commission; (3) that they are citizens of the United States; and (4) that they are not disqualified by any provision of section 3 of Civil Service Rule V. FRANKLIN D ROOSEVELT The White House, February 6, 1940.
Executive Order 8339—Authorizing the Civil Service Commission To Confer a Competitive Classified Civil-Service Status Upon Certain Employees Assigned to the Wage and Hour Division of the Department of Labor
Executive Brief • At a Glance
The Civil Service Commission is hereby authorized to confer a competitive classified civil-service status upon those employees of the former Works Progress Administration, the former Federal Emergency Administration of Public Works, the former National Emergency Council, and the Office of the Commissioner of Accounts and Deposits of the Treasury Department, who were assigned to the Wage and Hour Division of the Department of Labor and who were serving in that Division on May 15, 1939: Provided, (1) that such employees are certified by the Administrator of the Wage and Hour Division as having rendered satisfactory service; (2) that they qualify in such appropriate noncompetitive examination as may be prescribed by the Civil Service…
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 February 6, 1940, this order concerns Authorizing the Civil Service Commission To Confer a Competitive Classified Civil-Service Status Upon Certain Employees Assigned to the Wage and Hour Division of the Department of Labor. The Civil Service Commission is hereby authorized to confer a competitive classified civil-service status upon those employees of the former Works Progress Administration, the former Federal Emergency Administration of Public Works, the former National Emergency Council, and the Office of the Commissioner of Accounts and Deposits of the Treasury Department, who were assigned to the Wage and Hour Division of the…
Key Directives & Operative Actions
The Civil Service Commission is hereby authorized to confer a competitive classified civil-service status upon those employees of the former Works Progress Administration, the former Federal Emergency Administration of Public Works, the former National Emergency Council, and the Office of the Commissioner of Accounts and Deposits of the Treasury Department, who were assigned to the Wage and Hour Division of the Department of Labor and who were serving in that Division on May 15, 1939: Provided, (1) that such employees are certified by the Administrator of the Wage and Hour Division as having rendered satisfactory service; (2) that they qualify in such appropriate noncompetitive examination as may be prescribed by the Civil Service…
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
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 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
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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 asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Scholarly & Legal Citations
Exec. Order No. 8339 (Feb. 6, 1940), https://executiveordersarchive.org/orders/app-executive-order-8339-authorizing-the-civil-service-commission-confer-competitive.