★
Executive Orders Historical Archive
Cite
Executive Order 9307 ⚖️⚠️ Zone 3: Lowest Ebb Constitutional Friction / Overreach (-0.19) 📜 Art. II §3: Administrative Management & Civil Service

Executive Order 9307—Amending Executive Order No. 8384 of March 29, 1940, Prescribing Regulations Relating to Annual Leave of Government Employees

•
Wednesday, March 3, 1943
•
2 min read (435 words)

Executive Brief • At a Glance

⏱️ 2 min read (435 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 8384 of March 29, 1940, prescribing regulations relating to the annual leave of Government employees is hereby amended as follows: 1.

⚖️ Constitutional Footing
⚖️⚠️ Zone 3: Lowest Ebb
Incompatible with Expressed Will of Congress or High Friction
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 March 3, 1943, this order concerns Amending Executive Order No. 8384 of March 29, 1940, Prescribing Regulations Relating to Annual Leave of Government Employees. Executive Order No. 8384 of March 29, 1940, prescribing regulations relating to the annual leave of Government employees is hereby amended as follows: 1. Section 1 (f) of the said Executive order is amended to read as follows: "'Accumulated leave' means the unused annual leave not exceeding sixty days, or not exceeding ninety days in case unused annual leave has accumulated during the national emergency declared by…

Constitutional Assessment: An early statesman would regard this order with wariness, cautioning that energetic executive discretion must never eclipse the enumerated boundaries established by the representatives of the people in Congress.

Key Directives & Operative Actions

▪

Executive Order No. 8384 of March 29, 1940, prescribing regulations relating to the annual leave of Government employees is hereby amended as follows: 1.

▪

Of the said Executive order is amended to read as follows: "'Accumulated leave' means the unused annual leave not exceeding sixty days, or not exceeding ninety days in case unused annual leave has accumulated during the national emergency declared by the President on September 8, 1939, is included, which has accrued during years prior to the current year in accordance with the provisions of section 2 of these Regulations." 2.

▪

Permanent employees who have been employed continuously for one year or more and who do not contemplate leaving the service during the current calendar year shall be entitled to current annual leave with pay at any time during such calendar year not in excess of twenty-six days.

▪

That part of any current annual leave which is not used by an employee in any calendar year shall be accumulated and be available for succeeding years to the extent that it does not exceed sixty days.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏛️

The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️⚠️ Zone 3 (Lowest Ebb)
§

"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Incompatible with Expressed Will of Congress or High Friction
JM

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.

Madisonian Stance: Strict Dissent (Overreach)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)

Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.

Hamiltonian Stance: Qualified Caution
GM

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.

Anti-Federalist Stance: Vehement Objection
📐

Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚠️ Elevated Constitutional Friction
55 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Low Friction

Confined strictly to internal federal jurisdiction, federal property, or direct military command.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

High Friction

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.

Benchmark: Incompatible with Expressed Will of Congress or High Friction
⚖️ Audit Synthesis

This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
435
2,606 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14.9
College Level
Language Tone Score
-0.19
Constitutional Friction / Overreach
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of and pursuant to the authority vested in me by section 7 of the act of March 14. 1936, entitled "An Act to provide for vacations to Government employees, and for other purposes" (49 Stat. 1161), as amended by the act of December 17, 1942 (Public Law 805—77th Congress), Executive Order No. 8384 of March 29, 1940, prescribing regulations relating to the annual leave of Government employees is hereby amended as follows: 1. Section 1 (f) of the said Executive order is amended to read as follows: "'Accumulated leave' means the unused annual leave not exceeding sixty days, or not exceeding ninety days in case unused annual leave has accumulated during the national emergency declared by the President on September 8, 1939, is included, which has accrued during years prior to the current year in accordance with the provisions of section 2 of these Regulations." 2. Section 2 of the said Executive order is amended to read as follows: "(a). Permanent employees who have been employed continuously for one year or more and who do not contemplate leaving the service during the current calendar year shall be entitled to current annual leave with pay at any time during such calendar year not in excess of twenty-six days. "(b). In addition to current annual leave, employees may be granted accumulated leave in accordance with the following subsections. "(c). That part of any current annual leave which is not used by an employee in any calendar year shall be accumulated and be available for succeeding years to the extent that it does not exceed sixty days. "(d). Upon the accumulation of the sixty days of leave provided for in the preceding subsection, employees may accumulate not to exceed thirty additional days of leave during the national emergency declared by the President on September 8, 1939. Such additional accumulation shall not exceed fifteen days in any calendar year and shall apply only to annual leave which has accrued after September 8, 1939, and has not been used. Such additional leave as may be accumulated by the employee under this subsection shall continue to be available to the employee after the emergency shall have ceased to exist. Departments and agencies having employees subject to the annual leave regulations prescribed by the said Executive Order No. 8384, as herein amended, shall take such steps as may be necessary to adjust the leave records of such employees retroactively so as to make this subsection effective as of September 8, 1939." This order shall be published in the Federal Register . FRANKLIN D ROOSEVELT The White House, March 3, 1943.

📜

Scholarly & Legal Citations

Exec. Order No. 9307 (Mar. 3, 1943), https://executiveordersarchive.org/orders/app-executive-order-9307-amending-executive-order-no-8384-march-29-1940-prescribing.