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Executive Order 9356 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

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

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Thursday, June 24, 1943
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6 min read (1,181 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,181 words) • ● In Effect
🎯 Primary Mandate

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.

⚖️ 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 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. 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. Section A. Clothing in Kind or Cash Allowances in Lieu Thereof.

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

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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.

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Enlisted men on active duty shall be entitled to clothing in kind or payment of cash allowances in lieu thereof as follows: Section B. Clothing Allowance. 1.

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The amount of the cash clothing allowance prescribed in subsection Al (b) hereof shall be credited on date of first enlistment or first reporting for active duty, and on date of reenlistment or recall to active duty subsequent to expiration of three months from date of last discharge or release from active duty, but shall not actually be paid prior to the expiration of ninety days from and including such date, or date of advancement to chief petty officer or assignment to band if earlier.

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In closing the accounts of a man discharged or released from active duty within the ninety-day period, checkage shall be made of an amount equal to the difference between the amount of the cash clothing allowance credited and the value of the clothing actually drawn. 2.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments
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The Framers' Constitutional Council

1787 Prism

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

⚖️✨ Zone 2 (Zone of Twilight)
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"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
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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

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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Moderate Friction

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%).
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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
1,181
7,055 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
18.5
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
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 10 of the Pay Readjustment Act of June 16, 1942 (56 Stat. 359, 363), 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. Section A. Clothing in Kind or Cash Allowances in Lieu Thereof. Enlisted men on active duty shall be entitled to clothing in kind or payment of cash allowances in lieu thereof as follows: Section B. Clothing Allowance. 1. The amount of the cash clothing allowance prescribed in subsection Al (b) hereof shall be credited on date of first enlistment or first reporting for active duty, and on date of reenlistment or recall to active duty subsequent to expiration of three months from date of last discharge or release from active duty, but shall not actually be paid prior to the expiration of ninety days from and including such date, or date of advancement to chief petty officer or assignment to band if earlier. In closing the accounts of a man discharged or released from active duty within the ninety-day period, checkage shall be made of an amount equal to the difference between the amount of the cash clothing allowance credited and the value of the clothing actually drawn. 2. For the purposes of this order, an enlistment in any of the services mentioned in section A subsequent to discharge from any other of such services shall be considered a reenlistment. An allowance under subsection Al shall not be payable upon reenlistment within three months from date of last discharge, or upon recall to active duty within three months of last release therefrom, except as specified in subsections 5 and 6 of this section. A man reenlisted or recalled to active duty within three months of last discharge or release from active duty, who on date of such discharge or release was checked undrawn clothing allowance in accordance with subsection 1 of this section, shall be entitled to credit for such undrawn clothing allowance. 3. The allowance under subsection A2 shall not be payable to— (a) Enlisted men advanced in rating to chief petty officer while holding a temporary appointment to warrant or commissioned rank. (b) Cooks or stewards on advancement to chief cook or steward. (c) Members of Navy, Naval Academy, or Coast Guard Academy Bands (band members) upon advancement in rating to chief petty officer. 4. An enlisted man reduced in rating from chief petty officer, cook, or steward, shall not be required to refund payment previously made in accordance with subsection A2; and shall not be entitled to a second payment on subsequent advancement, or to a payment of quarterly maintenance allowance prior to the date specified in subsection C1 (a) hereof. 5. An enlisted man first reporting for active duty in a status entitling him only to an issue of clothing in kind in accordance with subsection A6 hereof, upon subsequent transfer to, or reenlistment within three months of last discharge in, another status which, in the case of first enlistment or reporting for active duty, would entitle him to a cash clothing allowance as prescribed in subsection A1 hereof, shall be entitled to a credit of such cash clothing allowance without regard to issues in kind in the prior status. 6. An enlisted man first reporting for active duty in the Coast Guard Reserve in a status entitling him only to an issue of clothing in kind in accordance with subsection A7 hereof, upon subsequent transfer to, or reenlistment within three months of last discharge in, another status which, in the case of first enlistment or reporting for active duty, would entitle him to a cash clothing allowance as prescribed in subsection A1 hereof, shall be entitled to a credit of such cash clothing allowance subject to a deduction for the value of clothing issued in kind in the prior status. The cash clothing allowance thus payable will be determined by the rating held upon reporting for active duty in the later status and the amounts in effect on that date. If the value of clothing issues in the prior status exceeds the applicable cash clothing allowance, no further allowance is payable, nor will checkage be made for such excess issues previously made. Men entitled under the regulations prescribed in this paragraph to a cash clothing allowance subject to deductions for the value of clothing issued in kind in a prior status, shall subsequently become entitled to the quarterly maintenance allowance for clothing prescribed herein on the first day of the quarter following the first anniversary of the date of reporting for active duty in the prior status, provided they do not previously become entitled to a cash allowance under subsections 2 or 3 of section A hereof. Section C. Quarterly Maintenance Allowance. 1.The quarterly maintenance allowance prescribed in section A hereof shall be payable on the first day of each quarter to: (a) Enlisted men entitled to a clothing allowance under subsections 1, 2, 3, 4, or 5 of section A, or subsection B5 hereof, or under Executive Order No. 9226 of August 19, 1942, as amended by Executive Order No. 9283 of December 18, 1942, commencing with the first day of the quarter following the first anniversary of the date on which they were last entitled to such clothing allowance. (b) Enlisted men on active duty on June 30, 1943, who were not granted a clothing outfit or cash clothing allowance during the fiscal year 1943, commencing July 1, 1943. (c) Enlisted men of the Navy and Coast Guard reenlisting within three months from date of last discharge, enlisted men of the Reserve components transferred to the regular Service, and enlisted men of the Regular and Reserve components on active duty transferred to the Reserve or to the Retired List and retained on active duty or recalled to active duty within three months of release therefrom, at the rate applicable prior to such discharge, transfer, retirement, or release, until entitled to a further clothing allowance. 2. Enlisted men undergoing training leading to a commission, and enlisted men holding temporary appointments to warrant or commissioned rank shall not be entitled to quarterly maintenance allowances. Enlisted men entitled to a clothing allowance on the first day of the quarter shall not be entitled to any quarterly maintenance allowance otherwise due them on that date. 3. The foregoing provisions of this order shall not be applicable to enlisted members of the Women's Reserve of the Naval Reserve and the Women's Reserve of the Coast Guard Reserve. Such members shall, however, be entitled to a special quarterly maintenance allowance for clothing in the amount of $12.50, payable on the first day of each quarter commencing with the first day of the quarter following the first anniversary of the date on which they first report for active duty. This order shall become effective July 1, 1943. FRANKLIN D ROOSEVELT The White House, June 24, 1943.

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Referenced By Later Executive Orders (6)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 9356 (June 24, 1943), https://executiveordersarchive.org/orders/app-executive-order-9356-regulations-governing-the-furnishing-clothing-kind-or-payment-cash.