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Executive Order 9825 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 9825—Amending Executive Order No. 9386 of October 15, 1943, Prescribing Regulations Governming the Granting of Allowances for Quarters and Subsistence to Enlisted Men

Harry S Truman

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Thursday, January 30, 1947

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2 min read (365 words)

Executive Brief • At a Glance

⏱️ 2 min read (365 words) • ● In Effect

🎯 Primary Mandate

Section II of Executive Order 9386, dated October 15, 1943, prescribing allowances for quarters and subsistence to enlisted men not furnished quarters or rations in kind, is hereby amended, effective as of February 15, 1945, to read as follows: Section II Men traveling on duty including detentions not exceeding thirty-one days at any one place, when not furnished sleeping car, stateroom accommodations, or other quarters, and rations in kind shall be granted a daily allowance of $5.00: Provided, that when quarters in kind are furnished, they shall be entitled only to an allowance for subsistence at the rate of $1.00 per meal, and when subsistence is furnished they shall be entitled only to an allowance for quarters at the rate of $2.00 per…

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⚖️ Constitutional Footing

🏛️✅ Zone 1: Maximum Authority

Express or Implied Congressional Authorization

📜 Art. I §8: Delegated Tariff & Commerce Execution

Framers' constitutional debate ↓

🏛️ Scope & Affected Sectors

Executive Branch Departments General Body of the People

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 January 30, 1947, this order concerns Amending Executive Order No. 9386 of October 15, 1943, Prescribing Regulations Governming the Granting of Allowances for Quarters and Subsistence to Enlisted Men. Section II of Executive Order 9386, dated October 15, 1943, prescribing allowances for quarters and subsistence to enlisted men not furnished quarters or rations in kind, is hereby amended, effective as of February 15, 1945, to read as follows: Section II Men traveling on duty including detentions not exceeding thirty-one days at any one place, when not furnished sleeping car, stateroom accommodations, or other…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Men absent under orders from their station upon duty which involves travel and also temporary detentions during the journey shall be deemed to be traveling under orders during the entire period of sub absence including the day of departure therefrom and return thereto.

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For periods of detention in excess of thirty one days at any one place, the allowances prescribed in Section I shall govern after the thirty-first day.

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Policy Areas & Topics

🏷️ Uncategorized

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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

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)

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: Supportive of Execution

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

41 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

High Friction

Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.

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%).

ℹ️

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

365

2,102 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

12.8

High School

Language Tone Score

+0.02

Constitutional Neutral

How is this scored?

Text size:

Official Archival Text

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By virtue of and pursuant to the authority vested in me by section 10 of the act of June 16, 1942 (56 Stat. 363), as amended (37 U. S. C. Sup. 110), and in the interest of the internal management of the Government, it is hereby ordered as follows: Section II of Executive Order 9386, dated October 15, 1943, prescribing allowances for quarters and subsistence to enlisted men not furnished quarters or rations in kind, is hereby amended, effective as of February 15, 1945, to read as follows: Section II Men traveling on duty including detentions not exceeding thirty-one days at any one place, when not furnished sleeping car, stateroom accommodations, or other quarters, and rations in kind shall be granted a daily allowance of $5.00: Provided, that when quarters in kind are furnished, they shall be entitled only to an allowance for subsistence at the rate of $1.00 per meal, and when subsistence is furnished they shall be entitled only to an allowance for quarters at the rate of $2.00 per day; except that, when travel is performed by rail or water, the allowance for subsistence shall be $1.24 for each meal required to be taken in a dining car on a train or in a dining room on a steamer, and if quarters are not provided for the day of such travel, the allowance for quarters $1.75 when an allowance for subsistence is so furnished for one meal, $1.50 when an allowance for subsistence is so furnished for two meals, or $1.25 when allowance for subsistence is so furnished for three meals. For the purposes of this section, quarters in kind will be considered as furnished for the day of arrival at a permanent station. Men absent under orders from their station upon duty which involves travel and also temporary detentions during the journey shall be deemed to be traveling under orders during the entire period of sub absence including the day of departure therefrom and return thereto. For periods of detention in excess of thirty one days at any one place, the allowances prescribed in Section I shall govern after the thirty-first day. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

January 30, 1947

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Referenced By Later Executive Orders (1)

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

Amends Executive Order 9871—Regulatons Governing the Granting of Allowances for Quarters and Subsistence to Enlisted Men of the Army, Navy, Marine Corps, and Coast Guard, and Per Diem Allowances to Members of Such Services and Coast and Geodetic Survey and Public Health Service on Duty Outside the Continental United States or in Alaska

Harry S Truman • 1947-07-08

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Scholarly & Legal Citations

Exec. Order No. 9825 (Jan. 30, 1947), https://executiveordersarchive.org/orders/app-executive-order-9825-amending-executive-order-no-9386-october-15-1943-prescribing.