By virtue of the authority vested in me by section 1745, as amended, and section 1752 of the Revised Statutes of the United States (U.S.C., title 22, secs. 127 and 132), item 38 of the Tariff of United States Foreign Service Fees, section V-15 of the Foreign Service Regulations (E.O. No. 7968 of September 3, 1938, as amended by E.O. No. 8297 of December 4, 1939, and E.O. No. 9303 of February 11, 1943; 22 CFR 105.15, 1939 Supp., 8 F.R. 1911), is hereby amended to read as follows: "Item No. Nature of Service Fee 38 Any and all services indicated in the Tariff of Fees performed for the official use of the Government of the United States; any and all notarial services, such as the administration of oaths or the taking of acknowledgments, in connection with the execution of forms or other documents issued by or to he presented to any department or agency of the Government of the United States, the gratis performance of which is not otherwise provided for in the Tariff of Fees; and any and all notarial services performed for members of the armed forces of the United States or for any civilian employees of the Government of the United States -------------- No fee" FRANKLIN D ROOSEVELT The White House, December 17, 1943.
Executive Order 9407 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 9407—Amending the Foreign Service Regulations of the United States
Executive Brief • At a Glance
⏱️ 1 min read (218 words) •
● In Effect
🎯 Primary Mandate
By virtue of the authority vested in me by section 1745, as amended, and section 1752 of the Revised Statutes of the United States (U.S.C., title 22, secs. 127 and 132), item 38 of the Tariff of United States Foreign Service Fees, section V-15 of the Foreign Service Regulations (E.O. No. 7968 of September 3, 1938, as amended by E.O. No. 8297 of December 4, 1939, and E.O. No. 9303 of February 11…
⚖️ 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 Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Foreign Nations & International Entities
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 December 17, 1943, this order concerns Amending the Foreign Service Regulations of the United States. By virtue of the authority vested in me by section 1745, as amended, and section 1752 of the Revised Statutes of the United States (U.S.C., title 22, secs. 127 and 132), item 38 of the Tariff of United States Foreign Service Fees, section V-15 of the Foreign Service Regulations (E.O. No. 7968 of September 3, 1938, as amended by E.O. No. 8297 of December 4, 1939, and E.O. No. 9303 of February 11, 1943; 22 CFR…
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
▪
By virtue of the authority vested in me by section 1745, as amended, and section 1752 of the Revised Statutes of the United States (U.S.C., title 22, secs. 127 and 132), item 38 of the Tariff of United States Foreign Service Fees, section V-15 of the Foreign Service Regulations (E.O. No. 7968 of September 3, 1938, as amended by E.O. No. 8297 of December 4, 1939, and E.O. No. 9303 of February 11…
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Executive Departments & Federal Civil Servants
🏛️ Foreign Nations & International Entities
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
38 / 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
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
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
218
1,232 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
12.3
High School
Text size:
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 9406 Dec 17, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9406—Transfer of Functions With Respect to Necessity Certificates From the Secretary of War and the Secretary of the Navy to the Chairman of the War Production Board
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Subject to the provisions of section 2 of this order, the functions, powers, and duties of the Secretary of War and the Secretary of the Navy with respect to the certification, pursuant to section 124 (f) of the Internal Revenue Code, of the construction, reconstruction…
Franklin D. Roosevelt Post-Graduate Legal • 4m
EO 9405 Dec 17, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9405—Amending Subdivision IX of Schedule A of the Civil Service Rules
📜 Art. II §3: Administrative Management & Civil Service
Paragraph 9 of Subdivision IX of Schedule A of the Civil Service Rules be, and it is hereby, amended to read as follows: IX. DEPARTMENT OF AGRICULTURE 9.
Franklin D. Roosevelt High School • 1m
EO 9404 Dec 17, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9404—Authorizing the Governor of the Panama Canal to Acquire and Dispose of Property
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The Governor of The Panama Canal, or any officer of The Panama Canal acting in that capacity in the absence or disability of the Governor, is hereby authorized to exercise the authority contained in the said Title II of the Second War Powers Act, 1942, to acquire, use, and…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9408 Dec 19, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9408—Authorizing the Secretary of War To Take Possession of and Operate the Point Breeze Plants and Facilities of the Western Electric Company, Incorporated, in and Near the City of Baltimore, Maryland
📜 Art. II §2: Commander-in-Chief Supervisory Authority
And directed as follows: The Secretary of War is authorized and directed to take immediate possession of and operate the Point Breeze plants and facilities of the Western Electric Company, Incorporated, in and near the City of Baltimore, Maryland, and to the extent that he…
Franklin D. Roosevelt Post-Graduate Legal • 3m
EO 9403 Dec 13, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9403—Relinquishing Possession of Leather Manufacturing Plants Located in Salem, Peabody, and Danvers, Massachusetts
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby direct the Secretary of War to relinquish possession of the said plants to the respective persons from whom possession was taken, and to issue the necessary orders for carrying out this direction: Provided, however , that nothing contained herein shall preclude the…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9411 Dec 23, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9411—Prescribing Rates for Hospitalization and Medical Care of Dependents of Naval Personnel and Others
📜 Art. II §3: Administrative Management & Civil Service
The per diem rate for the hospitalization of dependents of naval and Marine Corps personnel shall be $1.75. 2. The rates for hospitalization or dispensary services outside of the continental limits of the United States and in Alaska for persons other than dependents of naval…
Franklin D. Roosevelt College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 9407 (Dec. 17, 1943), https://executiveordersarchive.org/orders/app-executive-order-9407-amending-the-foreign-service-regulations-the-united-states.
