Whereas the act approved January 24, 1942, entitled, "An Act to amend further the Civil Service Retirement Act, approved May 29, 1930, as amended" (Public Law 411, 77th Congress), extends the provisions of the Civil Service Retirement Act, as amended, to certain officers and employees of the Executive branch of the Government not theretofore subject to the provisions thereof; and Whereas , In my judgment, the public interest requires that certain officers and employees of the Executive branch of the Government hereinafter described, be exempted from automatic separation from the service as provided below: Now, Therefore , by virtue of and pursuant to the authority vested in me by section 204 of the act of June 30, 1932, 47 Stat. 382, 404 (U.S.C., title 5, sec. 715a), it is hereby ordered as follows: 1. All officers and employees in the Executive branch of the Government appointed by the President are hereby exempted from automatic separation from the service for an indefinite period of time not extending beyond the duration of their appointment or term of service. 2. All officers and employees in the Executive branch of the Government not within the scope of section 1 hereof who have reached or shall reach prior to April 1, 1942, the retirement age prescribed for automatic separation from the service and are not now exempted therefrom by Executive order, are hereby exempted from automatic separation from the service until April 30, 1942: Provided , That the head of the department or agency concerned may, in his discretion, require the retirement of any such officer or employee at the end of any month prior to April 1942, except that the date of retirement shall be fixed so as to permit the allowance of any annual leave (accumulated or current) to which such officer or employee may be entitled. FRANKLIN D ROOSEVELT The White House, January 30, 1942.
Executive Order 9047—Exempting Certain Officers and Employees in the Executive Branch of the Government From Automatic Separation From the Service
Executive Brief • At a Glance
All officers and employees in the Executive branch of the Government appointed by the President are hereby exempted from automatic separation from the service for an indefinite period of time not extending beyond the duration of their appointment or term of service. 2.
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 January 30, 1942, this order concerns Exempting Certain Officers and Employees in the Executive Branch of the Government From Automatic Separation From the Service. All officers and employees in the Executive branch of the Government appointed by the President are hereby exempted from automatic separation from the service for an indefinite period of time not extending beyond the duration of their appointment or term of service. 2.
Key Directives & Operative Actions
All officers and employees in the Executive branch of the Government appointed by the President are hereby exempted from automatic separation from the service for an indefinite period of time not extending beyond the duration of their appointment or term of service. 2.
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
"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 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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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. 9047 (Jan. 30, 1942), https://executiveordersarchive.org/orders/app-executive-order-9047-exempting-certain-officers-and-employees-the-executive-branch-the.