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.
Executive Order 9307—Amending Executive Order No. 8384 of March 29, 1940, Prescribing Regulations Relating to Annual Leave of Government Employees
Executive Brief • At a Glance
Executive Order No. 8384 of March 29, 1940, prescribing regulations relating to the annual leave of Government employees is hereby amended as follows: 1.
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…
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
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
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.
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.
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.
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
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
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.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
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.