By virtue of the authority vested in me by section 1753 of the Revised Statutes and by section 2 of the Civil Service Act (22 Stat. 403), it is hereby ordered as follows: The Civil Service Commission is authorized to certify for probational appointment any person (1) whose name appeared on any list of eligibles at any time between May 1, 1940, and March 16, 1942, with respect to positions generally, or between May 1, 1940, and October 23, 1943, with respect to positions in the field service of the Post Office Department, (2) who entered the armed forces of the United States between such dates and was separated therefrom under honorable conditions and is still qualified to perform the duties of the position, (3) who stood higher on such list of eligibles than another applicant who received a probational appointment therefrom, and (4) who requests restoration to the list of eligibles, or certification, within ninety days after the termination of service in the armed forces or of hospitalization continuing after discharge for a period of not more than one year, or within ninety days after the date of this order, whichever is later: Provided, That this order shall not apply in any case in which the list of eligibles had expired prior to the entry of the applicant into the armed forces and the Commission had not sustained objections to his certification from such list because of his draft status. HARRY S. TRUMAN The White House April 13, 1945.
Executive Order 9538—Authorizing Certification for Probational Appointment of Persons Who Lost Opportunity for Probational Appointment Because of Entry Into the Armed Forces
Executive Brief • At a Glance
The Civil Service Commission is authorized to certify for probational appointment any person (1) whose name appeared on any list of eligibles at any time between May 1, 1940, and March 16, 1942, with respect to positions generally, or between May 1, 1940, and October 23, 1943, with respect to positions in the field service of the Post Office Department, (2) who entered the armed forces of the United States between such dates and was separated therefrom under honorable conditions and is still qualified to perform the duties of the position, (3) who stood higher on such list of eligibles than another applicant who received a probational appointment therefrom, and (4) who requests restoration to the list of eligibles, or certification…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Harry S Truman on April 13, 1945, this order concerns Authorizing Certification for Probational Appointment of Persons Who Lost Opportunity for Probational Appointment Because of Entry Into the Armed Forces. The Civil Service Commission is authorized to certify for probational appointment any person (1) whose name appeared on any list of eligibles at any time between May 1, 1940, and March 16, 1942, with respect to positions generally, or between May 1, 1940, and October 23, 1943, with respect to positions in the field service of the Post Office Department, (2) who entered the armed forces of the United States between…
Key Directives & Operative Actions
The Civil Service Commission is authorized to certify for probational appointment any person (1) whose name appeared on any list of eligibles at any time between May 1, 1940, and March 16, 1942, with respect to positions generally, or between May 1, 1940, and October 23, 1943, with respect to positions in the field service of the Post Office Department, (2) who entered the armed forces of the United States between such dates and was separated therefrom under honorable conditions and is still qualified to perform the duties of the position, (3) who stood higher on such list of eligibles than another applicant who received a probational appointment therefrom, and (4) who requests restoration to the list of eligibles, or certification…
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
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
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.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9538 (Apr. 13, 1945), https://executiveordersarchive.org/orders/app-executive-order-9538-authorizing-certification-for-probational-appointment-persons-who.