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Executive Order 9721 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.33) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9721—Providing for the Transfer of Personnel to Public International Organizations in Which the United States Government Participates

Harry S Truman Harry S Truman
•
Friday, May 10, 1946
•
2 min read (498 words)

Executive Brief • At a Glance

⏱️ 2 min read (498 words) • ● In Effect
🎯 Primary Mandate

Upon the request of any public international organization which is designated pursuant to the act of December 29, 1945 (Public Law 291, 79th Congress), and in which the United States Government participates, and with the consent of the head of the department or agency concerned, any civilian employee of a department or agency in the Executive branch of the Federal Government who is serving under an appointment not limited to one year or less may be transferred to such public international organization. 2.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

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 May 10, 1946, this order concerns Providing for the Transfer of Personnel to Public International Organizations in Which the United States Government Participates. Upon the request of any public international organization which is designated pursuant to the act of December 29, 1945 (Public Law 291, 79th Congress), and in which the United States Government participates, and with the consent of the head of the department or agency concerned, any civilian employee of a department or agency in the Executive branch of the Federal Government who is serving under an appointment not…

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

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Upon the request of any public international organization which is designated pursuant to the act of December 29, 1945 (Public Law 291, 79th Congress), and in which the United States Government participates, and with the consent of the head of the department or agency concerned, any civilian employee of a department or agency in the Executive branch of the Federal Government who is serving under an appointment not limited to one year or less may be transferred to such public international organization. 2.

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Any employee serving under a war-service indefinite appointment who is transferred pursuant to this order and, while serving in such public international organization, is either reached in regular order for probational appointment from a civil-service register appropriate for filling the position in which he was serving or could, with the approval of the head of such agency, have been given a classified civil-service status under section 6 of Executive Order No. 9691 of February 4, 1946, if he had remained in the position in which he last served in a Federal agency, shall be considered as having acquired a classified civil-service status as of the date he is reached for probational appointment or classification: Provided, That this…

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An employee (1) who is transferred to a public international organization under this order, (2) who has a classified civil-service status at the time of transfer or acquires such status under section 2 of this order, and (3) whose service in such public international organization is subsequently terminated without prejudice within three years from the date of such transfer shall be reemployed, within thirty days of his application for reemployment, in his former position or a position of like seniority, status, and pay in the department or agency from which he was transferred: Provided, That he is still qualified to perform the duties of such position and makes application for reemployment within ninety days after termination of his…

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Whenever the agency from which the employee is transferred under this order decides to fill the vacancy during his absence, the appointment shall be made on a temporary basis pending the return of the employee. 4.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Government Operations & Civil Service
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
§

"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

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.

Madisonian Stance: Concurring (Statutory)
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
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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
36 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

Due Process & Individual Rights

Low Friction

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

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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%).
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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
498
3,057 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
24.2
Post-Graduate Legal
Language Tone Score
+0.33
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) and section 1753 of the Revised Statutes, and as President of the United States, it is hereby ordered as follows: 1. Upon the request of any public international organization which is designated pursuant to the act of December 29, 1945 (Public Law 291, 79th Congress), and in which the United States Government participates, and with the consent of the head of the department or agency concerned, any civilian employee of a department or agency in the Executive branch of the Federal Government who is serving under an appointment not limited to one year or less may be transferred to such public international organization. 2. Any employee serving under a war-service indefinite appointment who is transferred pursuant to this order and, while serving in such public international organization, is either reached in regular order for probational appointment from a civil-service register appropriate for filling the position in which he was serving or could, with the approval of the head of such agency, have been given a classified civil-service status under section 6 of Executive Order No. 9691 of February 4, 1946, if he had remained in the position in which he last served in a Federal agency, shall be considered as having acquired a classified civil-service status as of the date he is reached for probational appointment or classification: Provided, That this section shall become inoperative three years from the date of this order. 3. (a) An employee (1) who is transferred to a public international organization under this order, (2) who has a classified civil-service status at the time of transfer or acquires such status under section 2 of this order, and (3) whose service in such public international organization is subsequently terminated without prejudice within three years from the date of such transfer shall be reemployed, within thirty days of his application for reemployment, in his former position or a position of like seniority, status, and pay in the department or agency from which he was transferred: Provided, That he is still qualified to perform the duties of such position and makes application for reemployment within ninety days after termination of his service with the international organization. (b) Whenever the agency from which the employee is transferred under this order decides to fill the vacancy during his absence, the appointment shall be made on a temporary basis pending the return of the employee. 4. With the consent of the Federal agency in which he was formerly employed, the provisions of this Executive order may be made applicable to any person now service with a public international organization which is designated pursuant to the said act of December 29, 1945, and in which the United States Government participates. 5. The Civil Service Commission is authorized to prescribe such rules and regulations as may be necessary to carry out the provisions of this order. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

May 10, 1946

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Referenced By Later Executive Orders (6)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Amends Executive Order 11303—Modifying Executive Order No. 9721, as Amended by Executive Order No. 10103, Providing For the Transfer of Personnel to Certain International Organizations
Lyndon B. Johnson • 1966-09-12
Amends Executive Order 11138—Modifying Executive Order No. 9721, as Amended by Executive Order No. 10103, Providing for the Transfer of Personnel to Certain Public International Organizations
Lyndon B. Johnson • 1964-01-07
References Executive Order 10804—Delegating to the Civil Service Commission the Authority of the President To Prescribe Regulations Under the Federal Employees International Organization Service Act
Dwight D. Eisenhower • 1959-02-12
Amends Executive Order 10415—Amendment of Executive Order No. 9949, Entitled "Modifying Executive Order No. 9721, Providing for the Transfer of Personnel to Certain Public International Organizations"
Harry S Truman • 1952-12-02
References Executive Order 10103—Amendment of Executive Order No. 9721 of May 10, 1946, Providing for the Transfer of Personnel to Certain Public International Organizations
Harry S Truman • 1950-02-01
References Executive Order 10054—Modifying Executive Order No. 9721, Providing for the Transfer of Personnel to Certain Public Internationtal Organizations
Harry S Truman • 1949-04-29
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Scholarly & Legal Citations 

Exec. Order No. 9721 (May 10, 1946), https://executiveordersarchive.org/orders/app-executive-order-9721-providing-for-the-transfer-personnel-public-international.