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Executive Order 8973 Constitutional Friction / Overreach (-0.19)

Executive Order 8973—Transfer of Employees Possessing Qualifications For National-Defense Work

Franklin D. Roosevelt Franklin D. Roosevelt
•
Friday, December 12, 1941
•
2 min read (416 words)

Plain-English Translation & Framers' Constitutional Analysis

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 1941-12-12, establishes federal administrative policy concerning "Transfer of Employees Possessing Qualifications For National-Defense Work." 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

▪ He shall be reinstated within thirty days of his application in the same department or agency, and in approximately the same locality, in his former position or in a position of like seniority, status, and pay, provided that such a position then exists.
▪ If such a position does not exist, and such person is therefore not reinstated within thirty days of his application, his name shall be entered on the Reemployment List established pursuant to Executive Order No.
▪ No employee reinstated under this order shall be discharged from such position without cause within one year after his reinstatement.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
Total Words
416
2,579 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
20.8
Post-Grad reading level
Constitutional Polarity
-0.19
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 8973, Franklin D. Roosevelt (Dec 12, 1941). Available at https://executiveordersarchive.org/orders/app-executive-order-8973-transfer-employees-possessing-qualifications-for-national-defense.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
Whereas there exists a critical shortage of persons qualified in certain occupations and professions essential to the successful prosecution of the national-defense program; and Whereas there are in the executive branch of the Government employees possessing skills and qualifications in such occupations and professions who are employed in positions in which they can be replaced: Now, Therefore , by virtue of the authority vested in me by the Civil Service Act (22 Stat. 403) and by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), it is hereby ordered that whenever the Civil Service Commission shall find (a) that there is employed in the executive civil service of the United States any person who is qualified to perform work directly connected with the national-defense program for which there is a critical shortage of qualified persons, and (b) that the position occupied by such person can be filled, the head of the department or agency concerned shall be requested by the Commission to authorize the release of such person for transfer to a public or private agency to perform work directly connected with the national-defense program; but no transfer under this order shall be made without the consent of the head of the department and of the employee concerned. Any person, except one holding a temporary position, transferred under this order whose services are subsequently terminated without prejudice shall be entitled to reemployment benefits as stated below provided that he is still qualified to perform the duties of his position and that he makes application for reinstatement within forty days after the termination of his services or forty days after the present national emergency shall have ceased to exist: 1. He shall be reinstated within thirty days of his application in the same department or agency, and in approximately the same locality, in his former position or in a position of like seniority, status, and pay, provided that such a position then exists. 2. If such a position does not exist, and such person is therefore not reinstated within thirty days of his application, his name shall be entered on the Reemployment List established pursuant to Executive Order No. 5924 of September 20, 1932, to be considered for certification to positions for which he is qualified elsewhere in the Government service. 3. No employee reinstated under this order shall be discharged from such position without cause within one year after his reinstatement. FRANKLIN D ROOSEVELT The White House, December 12, 1941.