Executive Order 8438 Constitutional Neutral (+0.02)

Executive Order 8438—Extending the Provisions of the Civil Service Retirement Act to Employees of the Office of Legal Adviser, Department of State

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Tuesday, June 11, 1940

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1 min read (110 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 1940-06-11, establishes federal administrative policy concerning "Extending the Provisions of the Civil Service Retirement Act to Employees of the Office of Legal Adviser, Department of State." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

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

▪ 693), as amended by section 1 of the act of August 4, 1939, 53 Stat.

▪ V), and upon recommendation of the Civil Service Commission, the provisions of the said Civil Service Retirement Act are hereby extended to apply to all employees of the Office of the Legal Adviser of the Department of State whose tenure of office or employment is not intermittent or of uncertain duration.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants

Total Words

110

613 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

9.7

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 8438, Franklin D. Roosevelt (Jun 11, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8438-extending-the-provisions-the-civil-service-retirement-act-employees.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by section 3(h) of the Civil Service Retirement Act of May 29, 1930 (46 Stat. 470; U.S.C., title 5, sec. 693), as amended by section 1 of the act of August 4, 1939, 53 Stat. 1200 (U.S.C., title 5, sec. 693, Supp. V), and upon recommendation of the Civil Service Commission, the provisions of the said Civil Service Retirement Act are hereby extended to apply to all employees of the Office of the Legal Adviser of the Department of State whose tenure of office or employment is not intermittent or of uncertain duration. FRANKLIN D ROOSEVELT The White House, June 11, 1940.