By virtue of and pursuant to the authority vested in me by the Constitution, by section 1753 of the Revised Statutes, and by the Civil Service Act of January 16, 1883, it is hereby ordered as follows: Pending action by the Congress with respect to the continuance of the Board of Legal Examiners created in the Civil Service Commission by Executive Order No. 8743 of April 23, 1941 and until further order, the administration of the civil service laws in their application to attorney positions in the classified civil service and to the incumbents of such positions shall vest in the Civil Service Commission. The Commission shall have authority to determine the regulations and procedures governing the recruitment and examination of applicants for attorney positions and the selection, appointment, promotion, and transfer of attorneys in the classified civil service and shall have discretion to give effect to such of the provisions of sections 3 (c) and 3 (e)-3 (h), inclusive, of Executive Order No. 8743 as amended by Executive Order No. 9230 of August 20, 1942, as it deems appropriate. Subject to the provisions of this order, Executive Order No. 8743 as amended shall remain in effect. This order shall become effective on July 1, 1943. FRANKLIN D ROOSEVELT The White House, July 1, 1943.
Executive Order 9358 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §3: Administrative Management & Civil Service
Executive Order 9358—Providing for the Functions of the Board of Legal Examiners
Executive Brief • At a Glance
⏱️ 1 min read (215 words) •
● In Effect
🎯 Primary Mandate
Pending action by the Congress with respect to the continuance of the Board of Legal Examiners created in the Civil Service Commission by Executive Order No. 8743 of April 23, 1941 and until further order, the administration of the civil service laws in their application to attorney positions in the classified civil service and to the incumbents of such positions shall vest in the Civil Service Commission.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants
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 July 1, 1943, this order concerns Providing for the Functions of the Board of Legal Examiners. Pending action by the Congress with respect to the continuance of the Board of Legal Examiners created in the Civil Service Commission by Executive Order No. 8743 of April 23, 1941 and until further order, the administration of the civil service laws in their application to attorney positions in the classified civil service and to the incumbents of such positions shall vest in the Civil Service Commission.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
Pending action by the Congress with respect to the continuance of the Board of Legal Examiners created in the Civil Service Commission by Executive Order No. 8743 of April 23, 1941 and until further order, the administration of the civil service laws in their application to attorney positions in the classified civil service and to the incumbents of such positions shall vest in the Civil Service Commission.
▪
The Commission shall have authority to determine the regulations and procedures governing the recruitment and examination of applicants for attorney positions and the selection, appointment, promotion, and transfer of attorneys in the classified civil service and shall have discretion to give effect to such of the provisions of sections 3 (c) and 3 (e)-3 (h), inclusive, of Executive Order No. 8743 as amended by Executive Order No. 9230 of August 20, 1942, as it deems appropriate.
▪
Subject to the provisions of this order, Executive Order No. 8743 as amended shall remain in effect.
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Defends Vigor & Dispatch
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
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
215
1,299 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.9
College Level
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 8743 Apr 23, 1941
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 8743—Extending the Classified Civil Service
📜 Art. II §2: Commander-in-Chief Supervisory Authority
All offices and positions in the executive civil service of the United States except (i) those that are temporary, (2) those expressly excepted from the provisions of section 1 of the said Act of November 26, 1940, (3) those excepted from the classified service under Schedules…
Franklin D. Roosevelt Post-Graduate Legal • 7m
EO 9230 Aug 20, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9230—Amending Section 3 of Executive Order No. 8743 of April 23, 1941, Extending the Classified Civil Service
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Section 3 of Executive Order No. 8743 of April 23, 1941, extending the classified civil service be, and the same is, hereby amended to read as follows: Section 3 .
Franklin D. Roosevelt Post-Graduate Legal • 5m
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
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 9360 Jul 7, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9360—Suspension of Eight-hour Law as to Laborers and Mechanics Employed by the Department of the Interior on Public Works Within the United States
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day by laborers and mechanics employed by the Government of the United…
Franklin D. Roosevelt Post-Graduate Legal • 2m
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
📜
Scholarly & Legal Citations
Exec. Order No. 9358 (July 1, 1943), https://executiveordersarchive.org/orders/app-executive-order-9358-providing-for-the-functions-the-board-legal-examiners.
