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Executive Order 9806 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9806—Establishing the President's Temporary Commission on Employee Loyalty

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Monday, November 25, 1946
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3 min read (584 words)

Executive Brief • At a Glance

⏱️ 3 min read (584 words) • ● In Effect
🎯 Primary Mandate

There is hereby created an interagency group to be known as the President's Temporary Commission on Employee Loyalty, which will have the functions and responsibilities defined in this order. 2.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

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 November 25, 1946, this order concerns Establishing the President's Temporary Commission on Employee Loyalty. There is hereby created an interagency group to be known as the President's Temporary Commission on Employee Loyalty, which will have the functions and responsibilities defined in this order. 2. The Commission is authorized on behalf of the President to inquire into the standards, procedures, and organizational provisions for (a) the investigation of persons who are employed bye the United Stated Government or are…

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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There is hereby created an interagency group to be known as the President's Temporary Commission on Employee Loyalty, which will have the functions and responsibilities defined in this order. 2.

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The Commission is authorized on behalf of the President to inquire into the standards, procedures, and organizational provisions for (a) the investigation of persons who are employed bye the United Stated Government or are applicants for such employment, and (b) the removal or disqualification from employment of any disloyal or subversive person.

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During the progress of its study the Commission shall give consideration to the findings and recommendations of the Subcommittee of the House of Representatives contained in the Subcommittee's Report rendered on July 20, 1946 (Cong.

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On or before February 1, 1947, the Commission shall make a report of its studies to the President in writing, together with such recommendations as it may deem appropriate, including recommendations, in particular, as to the following: a.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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 2 (Zone of Twilight)
§

"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

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.

Madisonian Stance: Vigilant / Cautionary
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
43 / 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

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ 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
584
3,762 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
18.5
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by section 1753 of Revised Statutes of the United States, section 214 of the act of May 3, 1945 (Public Law 49, 79th Congress) , and as President of the United States, it is hereby ordered as follows: 1. There is hereby created an interagency group to be known as the President's Temporary Commission on Employee Loyalty, which will have the functions and responsibilities defined in this order. 2. The Commission is authorized on behalf of the President to inquire into the standards, procedures, and organizational provisions for (a) the investigation of persons who are employed bye the United Stated Government or are applicants for such employment, and (b) the removal or disqualification from employment of any disloyal or subversive person. During the progress of its study the Commission shall give consideration to the findings and recommendations of the Subcommittee of the House of Representatives contained in the Subcommittee's Report rendered on July 20, 1946 (Cong. Rec. July 20 1946, p. 9728). 3. On or before February 1, 1947, the Commission shall make a report of its studies to the President in writing, together with such recommendations as it may deem appropriate, including recommendations, in particular, as to the following: a. Whether existing security procedures in the executive branch of the Government furnish adequate protection against the employment or continuance in employment of disloyal or subversive persons and what agency or agencies should be charged with prescribing and supervising security procedures. b. Whether the responsibility for acting upon investigative reports dealing with disloyal or subversive persons should be left to the respective departments and agencies employing such persons or whether such responsibility should be centralized in a single agency. c. What procedure should be established for notifying allegedly disloyal or subversive employees of applicants for employment of the charges made against them and what procedures should be established to guarantee a fair hearing on such charges. d. What standards are desirable for judging the loyalty of employees of the Government and applicants for such employment. e. Whether further legislation is necessary for the adequate protection of the Government against the employment or continuance in employment of disloyal or subversive persons. Upon the rendition of its report to the President, the existence and functions of the Commission shall terminate unless otherwise authorized by further Executive order. 4. The Civil Service Commission and all other departments and agencies of the executive branch of the Government are hereby authorized and directed to cooperate with the Commission in its work and to furnish the Commission such information or the service of such persons as the Commission may require in the performance of its duties. Persons employed in and of the executive departments and agencies who are requested by the Commission to testify before it shall do so and shall present to the Commission such documents and other information as the Commission shall require. 5. The President's Temporary Commission on Employee Loyalty shall be composed of one representative of each of the following agencies, namely, the Department of Justice, the Department of State, the Department of the Treasury, the Department of War, the Department of the Navy, to be designated by the respective heads thereof, and the Civil Service Commission to be designated by the Commission. The representative of the Department of Justice shall serve as Chairman of the Commission. The members of the Commission shall serve without compensation in such capacity. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

November 25, 1946.

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Scholarly & Legal Citations

Exec. Order No. 9806 (Nov. 25, 1946), https://executiveordersarchive.org/orders/app-executive-order-9806-establishing-the-presidents-temporary-commission-employee-loyalty.