By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), by the Civil Service Act (22 Stat. 403), as amended, and as President of the United States, and for the purpose of obtaining the temporary services of certain qualified civilian employees for the War Department, it is ordered as follows: 1. There is hereby established in the War Department, under the supervision and direction of the Secretary of War, a corps of uniformed civilian employees to be known as the Army Specialist Corps, hereinafter referred to as the Corps. The Corps shall consist of such number of qualified persons, whether or not theretofore upon any civil-service register, as may be appointed to positions therein from time to time by the Secretary of War: Provided , that no position shall be included in the Corps which ranks below Grade P&S-2 or Grade CAF-7 established by the Classification Act of 1923, as amended, except by agreement between the War Department and the United States Civil Service Commission. 2. The appointment, assignment, supervision, promotion, regulation, and discharge of members of the Corps shall be in accordance with regulations to be prescribed from time to time by the Secretary of War. 3. The pay rates of persons appointed to positions in the Corps shall be fixed under the pay scales set forth in section 13 of the Classification Act of 1923, as amended, and in accordance with the provisions of other existing law. 4. Payment of expenses authorized by an act entitled, "An act to provide for uniformity of allowances for the transportation of household goods of civilian officers and employees when transferred from one official station to another for permanent duty", approved October 10, 1940 (54 Stat. 1105), shall be allowed and paid for persons appointed or employed under the provisions of this order when such payment is specifically authorized or approved by such administrative official of the War Department as the Secretary of War may designate to perform such function in his stead and behalf. 5. The responsibility of recruiting persons for the Corps is hereby vested in the Civil Service Commission, which is authorized to exercise such function in conformity with the provisions of this Order without regard to the Civil Service Act and the Rules and Regulations promulgated thereunder. Persons appointed to positions in the Corps shall not thereby acquire a classified civil-service status. 6. Any person occupying a position, other than a temporary position, in the government of the United States, its territories or possessions, or the District of Columbia, may, with the consent of the head of the department or establishment in which he is employed, be transferred or appointed to a position in the Corps, and shall during the period of employment therein be deemed to be on leave of absence without pay from such position, but shall, upon application within forty days after termination of employment in the Corps, be restored to such position or to a position of like seniority, status, and pay without loss of seniority, retirement benefits, or other benefits. This order shall remain in force during the continuance of the present war and for six months after the termination thereof. FRANKLIN D ROOSEVELT The White House, February 26, 1942.
Executive Order 9078—Establishing the Army Specialist Corps
Executive Brief • At a Glance
There is hereby established in the War Department, under the supervision and direction of the Secretary of War, a corps of uniformed civilian employees to be known as the Army Specialist Corps, hereinafter referred to as the Corps.
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 February 26, 1942, this order concerns Establishing the Army Specialist Corps. There is hereby established in the War Department, under the supervision and direction of the Secretary of War, a corps of uniformed civilian employees to be known as the Army Specialist Corps, hereinafter referred to as the Corps.
Key Directives & Operative Actions
There is hereby established in the War Department, under the supervision and direction of the Secretary of War, a corps of uniformed civilian employees to be known as the Army Specialist Corps, hereinafter referred to as the Corps.
The Corps shall consist of such number of qualified persons, whether or not theretofore upon any civil-service register, as may be appointed to positions therein from time to time by the Secretary of War: Provided , that no position shall be included in the Corps which ranks below Grade P&S-2 or Grade CAF-7 established by the Classification Act of 1923, as amended, except by agreement between the War Department and the United States Civil Service Commission. 2.
The appointment, assignment, supervision, promotion, regulation, and discharge of members of the Corps shall be in accordance with regulations to be prescribed from time to time by the Secretary of War. 3.
The pay rates of persons appointed to positions in the Corps shall be fixed under the pay scales set forth in section 13 of the Classification Act of 1923, as amended, and in accordance with the provisions of other existing law. 4.
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
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
Scholarly & Legal Citations
Exec. Order No. 9078 (Feb. 26, 1942), https://executiveordersarchive.org/orders/app-executive-order-9078-establishing-the-army-specialist-corps.