By virtue of the authority vested in me by section 1753 of the Revised Statutes, by section 2 of the Civil Service Act (22 Stat. 403, 404), and by section 4 of the act of November 26, 1940, 54 Stat. 1214, it is hereby ordered as follows: 1. Any employee of a state or territorial employment security agency, required by the Federal Security Agency in connection with its operation of employment office facilities and services essential to expediting the national-defense program pursuant to the provisions of the Labor-Federal Security Appropriation Act of 1942, may be appointed to a position in the Social Security Board of the Federal Security Agency, and upon such appointment may acquire a classified civil-service status: Provided , (1) that such employee was on the rolls of the state employment security agency at the close of business December 31, 1941; (2) that he was previously approved for permanent or probational appointment, or within the six-months' period beginning January 1, 1942, becomes eligible for such appointment, under the rules of a state merit system previously approved by the Social Security Board; and (3) that he satisfactorily completes a six-months' probationary period from the date of his induction into the Federal service. 2. Finding that such action is necessary to the more efficient operation of the Government, it is ordered that the state salary rates in force on December 31, 1941, may be continued or amended as to employees affected by paragraph 1 hereof by the Federal Security Administrator until such time as the positions shall be classified in accordance with the administrative provisions and salary rates of the Classification Act of 1923, as amended. 3. With the concurrence of the Civil Service Commission, and for such period of time as the Commission may deem necessary, vacancies occurring after December 31, 1941, in public employment office facilities and services operated by the Social Security Board may be filled by the Federal Security Agency from eligible lists prepared under the rules of a state merit system previously approved by the Social Security Board pursuant to the provisions of the Social Security Act. Persons so appointed may, after the satisfactory completion of a six-months' probationary period, acquire a competitive classified civil-service status in the Federal service, subject to such regulations as the Civil Service Commission may prescribe. This order is recommended by the Federal Security Administrator as an emergency measure essential to the national defense. FRANKLIN D ROOSEVELT The White House, December 23, 1941.
Executive Order 8990—Appointment of State Employment Security Personnel to Positions in the Social Security Board, Federal Security Agency
Executive Brief • At a Glance
Any employee of a state or territorial employment security agency, required by the Federal Security Agency in connection with its operation of employment office facilities and services essential to expediting the national-defense program pursuant to the provisions of the Labor-Federal Security Appropriation Act of 1942, may be appointed to a position in the Social Security Board of the Federal Security Agency, and upon such appointment may acquire a classified civil-service status: Provided , (1) that such employee was on the rolls of the state employment security agency at the close of business December 31, 1941; (2) that he was previously approved for permanent or probational appointment, or within the six-months' period beginning…
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 December 23, 1941, this order concerns Appointment of State Employment Security Personnel to Positions in the Social Security Board, Federal Security Agency. Any employee of a state or territorial employment security agency, required by the Federal Security Agency in connection with its operation of employment office facilities and services essential to expediting the national-defense program pursuant to the provisions of the Labor-Federal Security Appropriation Act of 1942, may be appointed to a position in the Social Security Board of the Federal Security Agency, and…
Key Directives & Operative Actions
Any employee of a state or territorial employment security agency, required by the Federal Security Agency in connection with its operation of employment office facilities and services essential to expediting the national-defense program pursuant to the provisions of the Labor-Federal Security Appropriation Act of 1942, may be appointed to a position in the Social Security Board of the Federal Security Agency, and upon such appointment may acquire a classified civil-service status: Provided , (1) that such employee was on the rolls of the state employment security agency at the close of business December 31, 1941; (2) that he was previously approved for permanent or probational appointment, or within the six-months' period beginning…
Finding that such action is necessary to the more efficient operation of the Government, it is ordered that the state salary rates in force on December 31, 1941, may be continued or amended as to employees affected by paragraph 1 hereof by the Federal Security Administrator until such time as the positions shall be classified in accordance with the administrative provisions and salary rates of the Classification Act of 1923, as amended. 3.
With the concurrence of the Civil Service Commission, and for such period of time as the Commission may deem necessary, vacancies occurring after December 31, 1941, in public employment office facilities and services operated by the Social Security Board may be filled by the Federal Security Agency from eligible lists prepared under the rules of a state merit system previously approved by the Social Security Board pursuant to the provisions of the Social Security Act.
Persons so appointed may, after the satisfactory completion of a six-months' probationary period, acquire a competitive classified civil-service status in the Federal service, subject to such regulations as the Civil Service Commission may prescribe.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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 president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 8990 (Dec. 23, 1941), https://executiveordersarchive.org/orders/app-executive-order-8990-appointment-state-employment-security-personnel-positions-the-social.