Executive Order No. 9195 of July 7, 1942, prescribing regulations relating to aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, as amended by Executive Order No. 9458 of July 22, 1944, is hereby further amended as indicated below: 1. The title and preamble of the said order are amended to read as follows: REGULATIONS RELATING TO AERIAL FLIGHTS BY PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD, AND OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED FOR DUTY WITH THE COAST GUARD By virtue of and pursuant to the authority vested in me by section 20 of the act of June 10, 1922, 42 Stat. 632, as amended by section 6 of the act of July 2, 1926, 44 Stat. 782, by section 18 of the Pay Readjustment Act of 1942, approved June 16, 1942 (56 Stat. 368), and by section 215 (a) of the Public Health Service Act, approved July 1, 1944 (58 Stat. 690), I hereby prescribe the following regulations relating to increased pay for personnel of the Army, Navy, Marine Corps, Coast Guard and National Guard, and for officers of the Public Health Service detailed for duty with the Coast Guard, when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent flights. 2. Subdivision (f) of paragraph 1 of the order is amended to read as follows: (f) The terms "student naval flight surgeon" and "student Public Health Service flight surgeon" shall be construed to include any naval medical officer and any officer of the Public Health Service while detailed for duty with the Coast Guard who is duly appointed and assigned flight instruction leading to the designation of naval flight surgeon or Public Health Service flight surgeon. 3. Paragraphs 4 and 5 of the order are amended to read as follows: 4. Each officer of the Medical Corps of the Army or of the Navy and each officer of the Public Health Service while detailed for duty with the Coast Guard who is duly assigned to duty with any aeronautic headquarters or unit of the Army, Navy, Marine Corps, or Coast Guard, or assigned to duty at a station where there is an aeronautic unit, and who has qualified as a flight surgeon or as an aviation medical examiner may be required to participate regularly and frequently in aerial flights by the Commanding General of the Army Air Forces, or by such officer or officers as he may designate, for the Army, and by the Chief of Naval Personnel for the Navy and Marine Corps, and by the Commandant of the Coast Guard for officers of the Public Health Service detailed for duty with the Coast Guard; and any orders for such requirement shall remain in force for the entire period of such assignment, except as hereinafter provided in paragraph 12. 5. Each officer, warrant officer, or enlisted man of the Army who is duly assigned to a course of instruction for qualification as aircraft pilot or aircraft observer, and each officer, warrant officer, or enlisted man of the Navy, Marine Corps, or Coast Guard, and each officer of the Public Health Service while detailed for duty with the Coast Guard, who is duly appointed a student aviator, a student aviation pilot, a student aviation observer, a student naval flight surgeon, or a student Public Health Service flight surgeon, shall be required to participate regularly and frequently In aerial flights. Orders for such requirement shall be issued by the Commanding General of the Army Air Forces, or by such officer or officers as he may designate, for the Army, by the Chief of Naval Personnel for the Navy, by the Commandant of the Marine Corps for the Marine Corps, and by the Commandant of the Coast Guard for the Coast Guard and for officers of the Public Health Service detailed for duty with the Coast Guard; and such orders shall remain in force for the entire period of the course of instruction, except as hereinafter provided in paragraph 12. 4. Paragraph 8 of the order is amended to read as follows: 8. Each officer, warrant officer, member of the Army Nurse Corps or Navy Nurse Corps (female), or enlisted man other than those specified in paragraphs 2, 3, 4, 5, 6, and 7, may be required to participate regularly and frequently in aerial flights. Orders for such requirements shall be issued by the Commanding General of the Army Air Forces, or by such officer or officers as he may designate, for personnel commissioned in the Army Air Corps or on duty with the Army Air Forces, by the Secretary of War, or such officer or officers as he may designate, for other branches of the Army, by the Chief of Naval Personnel for the Navy, by the Commandant of the Marine Corps for the Marine Corps, and by the Commandant of the Coast Guard for the Coast Guard and for officers of the Public Health Service detailed for duty with the Coast Guard; and such orders shall remain in force for the entire period of such assignment, except as hereinafter provided in paragraph 12. 5. So much of paragraph 10 of the order as precedes the proviso therein is amended to read as follows: 10. For personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard (when in the active military service of the United States and when participating in exercises or performing duties provided for by sections 94, 97, and 99 of the National Defense Act, as amended) and for officers of the Public Health Service detailed for duty with the Coast Guard who are required by competent authority to participate regularly and frequently in aerial flights, the following requirements are prescribed: 6. The third sentence of paragraph 12 of the order is amended to read as follows: In all other cases such action shall be reported with the reasons therefor, for confirmation to the Commanding General of the Army Air Forces, or to such officer or officers as he may designate, for personnel commissioned in the Army Air Corps or on duty with the Army Air Forces, and to the Secretary of War, or such officer or officers as he may designate, for other branches of the Army, or to the officer who issued the order requiring the person concerned to participate regularly and frequently in aerial flights for the Navy, Marine Corps, and Coast Guard, and for officers of the Public Health Service detailed for duty with the Coast Guard. 7. This order shall be effective as of January 1, 1944. FRANKLIN D ROOSEVELT The White House, February 18, 1945.
Executive Order 9524—Amending Executive Order No. 9195 of July 7, 1942, Prescribing Regulations Relating to Aerial Flights by Personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard
Executive Brief • At a Glance
Executive Order No. 9195 of July 7, 1942, prescribing regulations relating to aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, as amended by Executive Order No. 9458 of July 22, 1944, is hereby further amended as indicated below: 1.
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 February 18, 1945, this order concerns Amending Executive Order No. 9195 of July 7, 1942, Prescribing Regulations Relating to Aerial Flights by Personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard. Executive Order No. 9195 of July 7, 1942, prescribing regulations relating to aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, as amended by Executive Order No. 9458 of July 22, 1944, is hereby further amended as indicated below: 1.
Key Directives & Operative Actions
Executive Order No. 9195 of July 7, 1942, prescribing regulations relating to aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, as amended by Executive Order No. 9458 of July 22, 1944, is hereby further amended as indicated below: 1.
The title and preamble of the said order are amended to read as follows: REGULATIONS RELATING TO AERIAL FLIGHTS BY PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD, AND OFFICERS OF THE PUBLIC HEALTH SERVICE DETAILED FOR DUTY WITH THE COAST GUARD By virtue of and pursuant to the authority vested in me by section 20 of the act of June 10, 1922, 42 Stat. 632, as amended by section 6 of the act of July 2, 1926, 44 Stat. 782, by section 18 of the Pay Readjustment Act of 1942, approved June 16, 1942 (56 Stat. 368), and by section 215 (a) of the Public Health Service Act, approved July 1, 1944 (58 Stat. 690), I hereby prescribe the following regulations relating to increased pay for personnel of the Army, Navy, Marine…
Subdivision (f) of paragraph 1 of the order is amended to read as follows: (f) The terms "student naval flight surgeon" and "student Public Health Service flight surgeon" shall be construed to include any naval medical officer and any officer of the Public Health Service while detailed for duty with the Coast Guard who is duly appointed and assigned flight instruction leading to the designation of naval flight surgeon or Public Health Service flight surgeon. 3.
Paragraphs 4 and 5 of the order are amended to read as follows: 4.
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 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."
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.
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 order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 9524 (Feb. 18, 1945), https://executiveordersarchive.org/orders/app-executive-order-9524-amending-executive-order-no-9195-july-7-1942-prescribing-regulations.