Executive Order 8551 Constitutional Neutral (+0.02)
Executive Order 8551—Ordering Certain Units and Members of the National Guard of the United States Into the Active Military Service of the United States
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
This executive order, signed by President Franklin D. Roosevelt on 1940-09-25, establishes federal administrative policy concerning "Ordering Certain Units and Members of the National Guard of the United States Into the Active Military Service of the United States." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.
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
▪96, 76th Congress, approved August 27, 1940, and the National Defense Act of June 3, 1916, as amended (39 Stat.
▪Commissioned officers and warrant officers appointed in the National Guard of the United States and commissioned or holding warrants in the Army of the United States, and affected by this order, are hereby ordered to active duty under such appointments and commissions or warrants.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
Total Words
533
3,304 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
27.6
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
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Scholarly & Legal Citations
Exec. Order No. 8551, Franklin D. Roosevelt (Sep 25, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8551-ordering-certain-units-and-members-the-national-guard-the-united.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority conferred upon me by Public Resolution No. 96, 76th Congress, approved August 27, 1940, and the National Defense Act of June 3, 1916, as amended (39 Stat. 166), and as Commander-in-Chief of the Army and Navy of the United States, I hereby order into the active military service of the United States, effective October 15, 1940, the following units and members of the National Guard of the United States to serve in the active military service of the United States for a period of twelve consecutive months, unless sooner relieved: UNITS All Federally recognized elements of: 27th Division, less 27th Tank Company 37th Division, less 37th Tank Company and Companies F & I, 112th Medical Regiment 32nd Division, less 32nd Tank Company 102nd Observation Squadron 153rd Observation Squadron 107th Observation Squadron 295th Infantry 296th Infantry Hq. and Hq. Company, 92nd Infantry Brigade 1st Battalion, 253rd Coast Artillery (155mm Gun) 1st Battalion, 162nd Field Artillery (75mm Gun, Trk-d) 1st Battalion, 201st Coast Artillery (Anti-aircraft) 1st Battalion, 130th Engineers (Combat) 298th Infantry 299th Infantry MEMBERS All members, both active and inactive, of the units listed above. All persons so ordered into the active military service of the United States are, from the effective date of this order, relieved from duty in the National Guard of their respective States so long as they shall remain in the active military service of the United States, and during such time shall be subject to such laws and regulations for the government of the Army of the United States as may be applicable to members of the Army whose permanent retention in the active military service is not contemplated by law. Commissioned officers and warrant officers appointed in the National Guard of the United States and commissioned or holding warrants in the Army of the United States, and affected by this order, are hereby ordered to active duty under such appointments and commissions or warrants. All officers and warrant officers of the National Guard, appointed in the National Guard, who shall have been Federally recognized or examined and found qualified for Federal recognition, and shall have been assigned to units ordered to active duty under this order prior to the effective date hereof, who do not hold appointments in the National Guard of the United States in the same grade and arm or service in which they respectively have been most recently Federally recognized or have been most recently examined and found qualified for Federal recognition, are hereby tendered appointments in the National Guard of the United States in the same grade and arm or service in which they shall have been most recently Federally recognized or examined and found qualified for Federal recognition. Warrant officers and enlisted men of the National Guard who hold appointments as officers in the National Guard of the United States and commissions In the Army of the United States, and are assigned to units ordered to active duty under this order prior to the effective date hereof, are hereby ordered to active military service as commissioned officers of the Army of the United States under those appointments and commissions. FRANKLIN D. ROOSEVELT The White House, September 25, 1940.