By virtue of the authority vested in me by section 3639 of the Revised Statutes of the United States (31 U.S.C. 521), and by section 5 of the act of March 2, 1895, 28 Stat. 807 (6 U.S.C. 2), and in order to provide a method of determining, upon a uniform basis, the amounts of the bonds of collectors of customs, it is hereby ordered as follows:1 1. The amount of the bond of a collector of customs shall be not less than ten per centum, as determined by the Secretary of the Treasury, of the average monthly collections of the respective customs district for the fiscal year next preceding that in which the bond is given: Provided, that the amount of such bond shall not be more than $100,000 except in the discretion of the Secretary, and shall not be less than $10,000. 2. Such bonds shall be in multiples of one thousand dollars, and any fractional part of the required amount shall be covered by an additional multiple of one thousand dollars. 3. An examination of the bonds of collectors of customs for the purpose of ascertaining the sufficiency of the sureties and adjusting the amounts of such bonds shall be made at least every two years and as much oftener as may be deemed necessary by the Secretary of the Treasury. FRANKLIN D ROOSEVELT The White House, August 25, 1944.
Executive Order 9470—Establishing a Method of Determining the Amounts of Bonds of Collectors of Customs
Executive Brief • At a Glance
The amount of the bond of a collector of customs shall be not less than ten per centum, as determined by the Secretary of the Treasury, of the average monthly collections of the respective customs district for the fiscal year next preceding that in which the bond is given: Provided, that the amount of such bond shall not be more than $100,000 except in the discretion of the Secretary, and shall not be less than $10,000. 2.
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 August 25, 1944, this order concerns Establishing a Method of Determining the Amounts of Bonds of Collectors of Customs. The amount of the bond of a collector of customs shall be not less than ten per centum, as determined by the Secretary of the Treasury, of the average monthly collections of the respective customs district for the fiscal year next preceding that in which the bond is given: Provided, that the amount of such bond shall not be more than $100,000 except in the discretion of the Secretary, and shall not be less than…
Key Directives & Operative Actions
The amount of the bond of a collector of customs shall be not less than ten per centum, as determined by the Secretary of the Treasury, of the average monthly collections of the respective customs district for the fiscal year next preceding that in which the bond is given: Provided, that the amount of such bond shall not be more than $100,000 except in the discretion of the Secretary, and shall not be less than $10,000. 2.
Such bonds shall be in multiples of one thousand dollars, and any fractional part of the required amount shall be covered by an additional multiple of one thousand dollars. 3.
An examination of the bonds of collectors of customs for the purpose of ascertaining the sufficiency of the sureties and adjusting the amounts of such bonds shall be made at least every two years and as much oftener as may be deemed necessary by the Secretary of the Treasury.
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
"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.
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.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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. 9470 (Aug. 25, 1944), https://executiveordersarchive.org/orders/app-executive-order-9470-establishing-method-determining-the-amounts-bonds-collectors-customs.