Executive Order 9538 Constitutional Neutral (+0.02)
Executive Order 9538—Authorizing Certification for Probational Appointment of Persons Who Lost Opportunity for Probational Appointment Because of Entry Into the Armed Forces
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
This executive order, signed by President Harry S Truman on 1945-04-13, establishes federal administrative policy concerning "Authorizing Certification for Probational Appointment of Persons Who Lost Opportunity for Probational Appointment Because of Entry Into the Armed Forces." 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
▪Formal executive instruction issued by the President establishing official administrative policy on Authorizing Certification for Probational Appointment of Persons Who Lost Opportunity for Probational Appointment Because of Entry Into the Armed Forces.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Executive Departments & Federal Civil Servants
Total Words
250
1,462 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
36
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜
Scholarly & Legal Citations
Exec. Order No. 9538, Harry S Truman (Apr 13, 1945). Available at https://executiveordersarchive.org/orders/app-executive-order-9538-authorizing-certification-for-probational-appointment-persons-who.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by section 1753 of the Revised Statutes and by section 2 of the Civil Service Act (22 Stat. 403), it is hereby ordered as follows: The Civil Service Commission is authorized to certify for probational appointment any person (1) whose name appeared on any list of eligibles at any time between May 1, 1940, and March 16, 1942, with respect to positions generally, or between May 1, 1940, and October 23, 1943, with respect to positions in the field service of the Post Office Department, (2) who entered the armed forces of the United States between such dates and was separated therefrom under honorable conditions and is still qualified to perform the duties of the position, (3) who stood higher on such list of eligibles than another applicant who received a probational appointment therefrom, and (4) who requests restoration to the list of eligibles, or certification, within ninety days after the termination of service in the armed forces or of hospitalization continuing after discharge for a period of not more than one year, or within ninety days after the date of this order, whichever is later: Provided, That this order shall not apply in any case in which the list of eligibles had expired prior to the entry of the applicant into the armed forces and the Commission had not sustained objections to his certification from such list because of his draft status. HARRY S. TRUMAN The White House April 13, 1945.
