By virtue of and pursuant to the authority vested in me by section 10 of the Pay Readjustment Act of June 16, 1942 (56 Stat. 359, 363), paragraph 5 of Executive Order No. 9226 of August 19, 1942, prescribing regulations governing the furnishing of clothing in kind or payment of cash allowances in lieu thereof to enlisted men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve, is hereby amended to read as follows: "5. (a) Members of the Naval Reserve undergoing flight training leading to a commission shall be entitled to an issue of clothing in kind not to exceed $180 in value. In the event that such members of the Naval Reserve who first enlisted or reported for active duty with pay in this status fail to complete successfully the required training leading to a commission, they shall, upon reclassification to another enlisted status in the Naval Reserve, or upon reenlistment prior to the expiration of three months from the date of discharge in the Navy, the Coast Guard, the Naval Reserve, or the Coast Guard Reserve, be entitled to the applicable cash allowances authorized by paragraph 1 hereof, notwithstanding any other provision of this order. (b) Members of the Naval Reserve undergoing training, other than flight training, leading to a commission shall be entitled to an issue of clothing in kind not to exceed $15 in value, and, in addition, may be temporarily issued Government-owned clothing not to exceed $120 in value. Temporary members of the Coast Guard Reserve on part time or intermittent active duty may be issued clothing in kind in an amount not to exceed the allowances prescribed in paragraph 1. The allowances in kind prescribed by this subparagraph are in lieu of any cash clothing allowances." This order shall take effect as of August 5, 1942. FRANKLIN D ROOSEVELT The White House, June 24, 1943.
Executive Order 9355 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 9355—Amendment of Executive Order No. 9226 of August 19, 1942, Prescribing Regulations Governing the Furnishing of Clothing in Kind or Payment of Cash Allowances in Lieu Thereof to Enlisted Men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve
Executive Brief • At a Glance
⏱️ 2 min read (317 words) •
● In Effect
🎯 Primary Mandate
The Naval Reserve, and the Coast Guard Reserve, is hereby amended to read as follows: "5.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments
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 June 24, 1943, this order concerns Amendment of Executive Order No. 9226 of August 19, 1942, Prescribing Regulations Governing the Furnishing of Clothing in Kind or Payment of Cash Allowances in Lieu Thereof to Enlisted Men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve. The Naval Reserve, and the Coast Guard Reserve, is hereby amended to read as follows: "5. (a) Members of the Naval Reserve undergoing flight training leading to a commission shall be entitled to an issue of clothing in kind not to exceed $180 in value.
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
The Naval Reserve, and the Coast Guard Reserve, is hereby amended to read as follows: "5.
▪
Members of the Naval Reserve undergoing flight training leading to a commission shall be entitled to an issue of clothing in kind not to exceed $180 in value.
▪
In the event that such members of the Naval Reserve who first enlisted or reported for active duty with pay in this status fail to complete successfully the required training leading to a commission, they shall, upon reclassification to another enlisted status in the Naval Reserve, or upon reenlistment prior to the expiration of three months from the date of discharge in the Navy, the Coast Guard, the Naval Reserve, or the Coast Guard Reserve, be entitled to the applicable cash allowances authorized by paragraph 1 hereof, notwithstanding any other provision of this order.
▪
Members of the Naval Reserve undergoing training, other than flight training, leading to a commission shall be entitled to an issue of clothing in kind not to exceed $15 in value, and, in addition, may be temporarily issued Government-owned clothing not to exceed $120 in value.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
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.
⚖️✨ Zone 2 (Zone of Twilight)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
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.
Madisonian Stance: Vigilant / Cautionary
AH
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.
Hamiltonian Stance: Strong Prerogative Support
GM
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.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
33 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
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
Moderate Friction
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.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
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
317
1,862 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
15.8
College Level
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 9226 Aug 19, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9226—Regulations Governing the Furnishing of Clothing in Kind or Payment of Cash Allowances in Lieu Thereof to Enlisted Men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following regulations governing the furnishing of clothing in kind, or payment of cash allowances in lieu thereof, to enlisted men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve. 1.
Franklin D. Roosevelt Post-Graduate Legal • 5m
EO 9356 Jun 24, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9356—Regulations Governing the Furnishing of Clothing in Kind or Payment of Cash Allowances in Lieu Thereof to Enlisted Personnel of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby prescribe the following regulations governing the furnishing of clothing in kind, or payment of cash allowances in lieu thereof, to enlisted personnel of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve.
Franklin D. Roosevelt Post-Graduate Legal • 6m
EO 9354 Jun 23, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9354—Designating the Chairman of the Securities and Exchange Commission as Member of the Economic Stabilization Board
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Chairman of the Securities and Exchange Commission is hereby designated as an additional member of the Economic Stabilization Board established by section 2 of Title I of Executive Order 9250 of October 3, 1942, and the said order is amended accordingly.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9353 Jun 19, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9353—Disposal of Electric Energy Generated at the Norfork Project
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved…
Franklin D. Roosevelt Post-Graduate Legal • 4m
EO 9357 Jun 30, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9357—Transferring the Functions of the Public Works Administration to the Federal Works Administrator
📜 Art. II §2: Commander-in-Chief Supervisory Authority
All functions, powers, and duties of the Public Works Administration and of the Commissioner of Public Works, in the Federal Works Agency, together with all records, property (including office equipment, contracts, and other assets), and personnel of the Public Works…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9359 Jul 1, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9359—Suspending Certain Statutory Provisions Relating to Employment in the Canal Zone
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby suspend, from and including the respective effective dates of said acts, compliance with the provisions of the said sections during the continuance of any of the wars in which the United States is now engaged.
Franklin D. Roosevelt Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 9355 (June 24, 1943), https://executiveordersarchive.org/orders/app-executive-order-9355-amendment-executive-order-no-9226-august-19-1942-prescribing.
