By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (22 U.S.C. § 132), it is ordered that Chapter IX of the Foreign Service Regulations of the United States be, and it is hereby, amended as follows: 1. Section IX-1 is hereby amended to read as follows: IX-1. Assignment and commissioning of attachés . Attachés, other than those designated by the Secretary of State from the classified Foreign Service, shall be assigned by the Secretaries of their respective departments and, when such assignments have been approved by the Secretary of State, they shall be commissioned by him and shall reside at the seats of the various missions as the public interests demand. A diplomatic representative shall promptly inform the Foreign Office of the country to which he is accredited of the designation of an attaché to his mission. 2. Section IX-2 is hereby amended to read as follows: IX-2. Duties of attachés . The duties of attachés are such as may be prescribed for them by the heads of their respective departments, from whom they receive their instructions and to whom they shall report, but such duties shall be performed under the general supervision of the chief of mission. In ceremonial matters, attachés are subject to the direction of the chief of mission, and are responsible to him for their personal conduct. The diplomatic representative shall report to the Department of State any conduct of the attachés which he considers unbecoming or embarrassing to the mission. 3. The following is hereby added to Chapter IX as section IX-11: IX-ll. Duties of consular officers in connection with the Social Security Board of the Federal Security Agency activities abroad . Consular officers shall perform such duties for and submit such reports through the Department of State to the Social Security Board of the Federal Security Agency as may from time to time be required of them. They are also charged with the general supervision of Social Security Board activities abroad and are required to report immediately through the Department of State any information which may assist the Social Security Board in the efficient discharge of its responsibilities to its claimants or beneficiaries who reside in foreign countries. FRANKLIN D. ROOSEVELT The White House, February 25, 1940.
Executive Order 8352 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.38)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 8352—Amending Chapter IX of the Foreign Service Regulations of the United States
Executive Brief • At a Glance
⏱️ 2 min read (386 words) •
● In Effect
🎯 Primary Mandate
Chapter IX of the Foreign Service Regulations of the United States be, and it is hereby, amended as follows: 1.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 25, 1940, this order concerns Amending Chapter IX of the Foreign Service Regulations of the United States. Chapter IX of the Foreign Service Regulations of the United States be, and it is hereby, amended as follows: 1. Section IX-1 is hereby amended to read as follows: IX-1. Assignment and commissioning of attachés .
Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.
Key Directives & Operative Actions
▪
Chapter IX of the Foreign Service Regulations of the United States be, and it is hereby, amended as follows: 1.
▪
Section IX-1 is hereby amended to read as follows: IX-1.
▪
Attachés, other than those designated by the Secretary of State from the classified Foreign Service, shall be assigned by the Secretaries of their respective departments and, when such assignments have been approved by the Secretary of State, they shall be commissioned by him and shall reside at the seats of the various missions as the public interests demand.
▪
A diplomatic representative shall promptly inform the Foreign Office of the country to which he is accredited of the designation of an attaché to his mission. 2.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Foreign Nations & International Entities
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.
🏛️✅ Zone 1 (Maximum Authority)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
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.
Madisonian Stance: Concurring (Statutory)
AH
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.
Hamiltonian Stance: Supportive of Execution
GM
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.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
🛡️ High Constitutional Concordance
28 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
Audit Synthesis
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
386
2,347 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
13.6
College Level
Text size:
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Scholarly & Legal Citations
Exec. Order No. 8352 (Feb. 25, 1940), https://executiveordersarchive.org/orders/app-executive-order-8352-amending-chapter-ix-the-foreign-service-regulations-the-united-states.
