By virtue of the authority vested in me by section 19 of the act of February 23, 1931, 46 Stat. 1207, 1209 (U.S.C., title 22, sec. 12), and section 3 of that act as amended by the act of April 24, 1939, 53 Stat. 583 (U.S.C., title 22, sec. 23c), it is ordered that Executive Order No. 5643 of June 8, 1931, prescribing regulations governing representation and post allowances, be, and it is hereby, amended by changing the first sentence of the antepenultimate paragraph thereof to read as follows: "A post allowance granted to an officer or employee is available only during the part of the fiscal year in which he remains within the district to which he is assigned, except in those cases in which the Secretary of State, in his discretion, may determine otherwise with respect to post allowances payable since July 1, 1940." FRANKLIN D ROOSEVELT The White House, August 29, 1941.
Executive Order 8878—Amendment of Executive Order No. 5643 of June 8, 1931, Prescribing Regulations Governing Representation and Post Allowances
Executive Brief • At a Glance
Executive Order No. 5643 of June 8, 1931, prescribing regulations governing representation and post allowances, be, and it is hereby, amended by changing the first sentence of the antepenultimate paragraph thereof to read as follows: "A post allowance granted to an officer or employee is available only during the part of the fiscal year in which he remains within the district to which he is assigned, except in those cases in which the Secretary of State, in his discretion, may determine otherwise with respect to post allowances payable since July 1, 1940."
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 August 29, 1941, this order concerns Amendment of Executive Order No. 5643 of June 8, 1931, Prescribing Regulations Governing Representation and Post Allowances. Executive Order No. 5643 of June 8, 1931, prescribing regulations governing representation and post allowances, be, and it is hereby, amended by changing the first sentence of the antepenultimate paragraph thereof to read as follows: "A post allowance granted to an officer or employee is available only during the part of the fiscal year in which he remains within the district to which he is assigned, except in…
Key Directives & Operative Actions
Executive Order No. 5643 of June 8, 1931, prescribing regulations governing representation and post allowances, be, and it is hereby, amended by changing the first sentence of the antepenultimate paragraph thereof to read as follows: "A post allowance granted to an officer or employee is available only during the part of the fiscal year in which he remains within the district to which he is assigned, except in those cases in which the Secretary of State, in his discretion, may determine otherwise with respect to post allowances payable since July 1, 1940."
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 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."
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.
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.
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.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8878 (Aug. 29, 1941), https://executiveordersarchive.org/orders/app-executive-order-8878-amendment-executive-order-no-5643-june-8-1931-prescribing-regulations.