Executive Order 8423 Constitutional Neutral (+0.02)

Executive Order 8423—Amendment of Section 2(b) of Civil Service Rule VII

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Tuesday, May 28, 1940

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1 min read (162 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Franklin D. Roosevelt on 1940-05-28, establishes federal administrative policy concerning "Amendment of Section 2(b) of Civil Service Rule VII." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 631), it is ordered that the first sentence of the first paragraph of section 2(b) of Civil Service Rule VII be, and it is hereby, amended to read as follows: "(b) Selections.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants

Total Words

162

923 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

12.7

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 8423, Franklin D. Roosevelt (May 28, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8423-amendment-section-2b-civil-service-rule-vii.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) and by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), it is ordered that the first sentence of the first paragraph of section 2(b) of Civil Service Rule VII be, and it is hereby, amended to read as follows: "(b) Selections. The nominating or appointing officer shall make selections for the first vacancy from not more than the highest three persons certified, or from the register, with sole reference to merit and fitness, unless objection shall be made and sustained by the Commission, to one or more of the persons certified, for any of the reasons stated in Rule V, section 3, or in the case of positions in Federal agencies concerned in preparedness and the national defense program, for such other reasons as may be approved by the Commission." FRANKLIN D ROOSEVELT The White House, May 28, 1940.