By virtue of and pursuant to the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), and as President of the United States, the provisions of the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding office under any State, Territorial, or municipal government, are hereby waived so as to permit Eugene E. Dickerson, Postmaster at Warmsprings, Montana, to hold the position of Secretary to the Superintendent of the Montana State Hospital and Registrar of Vital Statistics, in view of the mutual advantages thereby secured to the State of Montana and the Post Office Department. The provisions of this Order shall likewise apply to future incumbents of the said postmastership so long as the Warmsprings post office is located on the premises of the Montana State Hospital. This Order is recommended by the Postmaster General and is concurred in by the United States Civil Service Commission. FRANKLIN D ROOSEVELT The White House, May 15, 1944.
Executive Order 9442—Waiving the Provisions of Executive Order of January 17, 1873, as to Eugene E. Dickerson, Postmaster at Warmsprings, Montana
Executive Brief • At a Glance
The provisions of the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding office under any State, Territorial, or municipal government, are hereby waived so as to permit Eugene E. Dickerson, Postmaster at Warmsprings, Montana, to hold the position of Secretary to the Superintendent of the Montana State Hospital and Registrar of Vital Statistics, in view of the mutual advantages thereby secured to the State of Montana and the Post Office Department.
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 May 15, 1944, this order concerns Waiving the Provisions of Executive Order of January 17, 1873, as to Eugene E. Dickerson, Postmaster at Warmsprings, Montana. The provisions of the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding office under any State, Territorial, or municipal government, are hereby waived so as to permit Eugene E. Dickerson, Postmaster at Warmsprings, Montana, to hold the position of Secretary to the Superintendent of the Montana State Hospital and Registrar of Vital…
Key Directives & Operative Actions
The provisions of the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding office under any State, Territorial, or municipal government, are hereby waived so as to permit Eugene E. Dickerson, Postmaster at Warmsprings, Montana, to hold the position of Secretary to the Superintendent of the Montana State Hospital and Registrar of Vital Statistics, in view of the mutual advantages thereby secured to the State of Montana and the Post Office Department.
The provisions of this Order shall likewise apply to future incumbents of the said postmastership so long as the Warmsprings post office is located on the premises of the Montana State Hospital.
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 acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
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.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 9442 (May 15, 1944), https://executiveordersarchive.org/orders/app-executive-order-9442-waiving-the-provisions-executive-order-january-17-1873-eugene-e.