By virtue of and pursuant to the authority vested in me by section 11 of the act of June 10, 1922, c. 212, 42 Stat. 625, 630, Executive Order No. 8704 of March 4, 1941, prescribing regulations governing the granting of allowances for quarters and subsistence to enlisted men of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service who are not furnished quarters or rations in kind, is hereby amended by adding the following exception to the exceptions listed in subdivision B of Table I of the order: "Exception No. 5--Enlisted men assigned to duty in countries wherein emergency conditions justify such allowances during the present national emergency, payable at the discretion and upon the determination of the head of the department concerned: (a) Subsistence-------------$2.50 $2.50 (b) Quarters--------------------1.50 1.50" FRANKLIN D ROOSEVELT The White House, May 24, 1941.
Executive Order 8759—Amendment of Executive Order No. 8704 of March 4, 1941, Prescribing Regulations Governing the Granting of Allowances For Quarters and Subsistence to Enlisted Men
Executive Brief • At a Glance
Executive Order No. 8704 of March 4, 1941, prescribing regulations governing the granting of allowances for quarters and subsistence to enlisted men of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service who are not furnished quarters or rations in kind, is hereby amended by adding the following exception to the exceptions listed in subdivision B of Table I of the order: "Exception No. 5--Enlisted men assigned to duty in countries wherein emergency conditions justify such allowances during the present national emergency, payable at the discretion and upon the determination of the head of the department concerned: (a) Subsistence-------------$2.50 $2.50 (b) Quarters--------------------1.50 1.50"
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 May 24, 1941, this order concerns Amendment of Executive Order No. 8704 of March 4, 1941, Prescribing Regulations Governing the Granting of Allowances For Quarters and Subsistence to Enlisted Men. Executive Order No. 8704 of March 4, 1941, prescribing regulations governing the granting of allowances for quarters and subsistence to enlisted men of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service who are not furnished quarters or rations in kind, is hereby amended by adding the following exception to the exceptions listed in subdivision B of Table I of the order…
Key Directives & Operative Actions
Executive Order No. 8704 of March 4, 1941, prescribing regulations governing the granting of allowances for quarters and subsistence to enlisted men of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service who are not furnished quarters or rations in kind, is hereby amended by adding the following exception to the exceptions listed in subdivision B of Table I of the order: "Exception No. 5--Enlisted men assigned to duty in countries wherein emergency conditions justify such allowances during the present national emergency, payable at the discretion and upon the determination of the head of the department concerned: (a) Subsistence-------------$2.50 $2.50 (b) Quarters--------------------1.50 1.50"
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 8759 (May 24, 1941), https://executiveordersarchive.org/orders/app-executive-order-8759-amendment-executive-order-no-8704-march-4-1941-prescribing.