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Executive Order 3374 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §3: Administrative Management & Civil Service

Executive Order 3374—Confirming Powers of Federal Trade Commission Over Coal Cost Information

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Wednesday, December 22, 1920
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3 min read (530 words)

Executive Brief • At a Glance

⏱️ 3 min read (530 words) • ● In Effect
🎯 Primary Mandate

I, Woodrow Wilson, President of the United States of America, by virtue of the authority vested in me as Chief Executive, and by virtue of the powers conferred on me by the aforementioned Act of Congress, do declare that the authorization granted to the United States Fuel Administration and the United States Fuel Administrator by paragraph 5 of the executive order of July 3, 1918, was and is terminated as of January 1st, 1920, and the said powers were and are fully restored to the Federal Trade Commission as of January 1st, 1920, as fully and completely as though paragraph 5 of the executive order of July 3, 1918, had been rescinded on or before January 1st, 1920.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §3: Administrative Management & Civil Service
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises 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 Woodrow Wilson on December 22, 1920, this order concerns Confirming Powers of Federal Trade Commission Over Coal Cost Information. I, Woodrow Wilson, President of the United States of America, by virtue of the authority vested in me as Chief Executive, and by virtue of the powers conferred on me by the aforementioned Act of Congress, do declare that the authorization granted to the United States Fuel Administration and the United States Fuel Administrator by paragraph 5 of the executive order of July 3, 1918, was and is terminated as of…

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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I, Woodrow Wilson, President of the United States of America, by virtue of the authority vested in me as Chief Executive, and by virtue of the powers conferred on me by the aforementioned Act of Congress, do declare that the authorization granted to the United States Fuel Administration and the United States Fuel Administrator by paragraph 5 of the executive order of July 3, 1918, was and is terminated as of January 1st, 1920, and the said powers were and are fully restored to the Federal Trade Commission as of January 1st, 1920, as fully and completely as though paragraph 5 of the executive order of July 3, 1918, had been rescinded on or before January 1st, 1920.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants

Policy Areas & Topics

🏛️

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

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Defends Vigor & Dispatch
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
42 / 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

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

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
530
3,250 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
56.8
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

The White House, December 22, 1920. By virtue of the power and authority vested in me by an Act of Congress entitled, "An Act authorizing the President to co-ordinate or consolidate executive bureaus, agencies and offices, and for other purposes, in the interest of economy and the more efficient concentration of the Government," approved May 20, 1918, there was issued on July 3, 1918, a certain executive order, paragraph 5 whereof reads as follows: "That the said United States Fuel Administration is hereby authorized to procure information in reference to the business of coal and coke producers and distributors in the manner provided for in Sections 6 and 9 of the Act of Congress approved September 26, 1914, entitled 'An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes/ and said United States Fuel Administration, acting through the United States Fuel Administrator, or his duly authorized agents, examiners, employees, assistants and subordinates, is hereby authorized and empowered to exercise all the powers granted to the Federal Trade Commission by said Act approved September 26, 1914, for the carrying out of the purposes of this order." And pursuant to the same authority, there was subsequently issued on February 27, 1919, a further executive order amending the order of July 3» 1918, by adding at the end thereof the following clause, to-wit: "Such records, files, reports, copies of contracts, correspondence, and proceedings transferred under this order, and such personnel detailed or assigned thereunder, as are stated in a written notice to the Secretary of the Federal Trade Commission, signed by the United States Fuel Administrator or the assistant United States Fuel Administrator to be no longer required by the United States Fuel Administration, shall be and they hereby are transferred and reassigned to said Commission as of the dates or date fixed in said written notice." And, whereas the activities and functioning of the United States Fuel Administration, and the United States Fuel Administrator, were suspended on or before January 1st, 1920, its personnel dispersed, and its records filed with the Department of the Interior, and there has not been since the first day of January, 1920, any use by the United States Fuel Administration or the United States Fuel Administrator of the powers granted to the Federal Trade Commission, and authorized to be used by the United States Fuel Administrator under paragraph 5 of the executive order of July 3, 1918, Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the authority vested in me as Chief Executive, and by virtue of the powers conferred on me by the aforementioned Act of Congress, do declare that the authorization granted to the United States Fuel Administration and the United States Fuel Administrator by paragraph 5 of the executive order of July 3, 1918, was and is terminated as of January 1st, 1920, and the said powers were and are fully restored to the Federal Trade Commission as of January 1st, 1920, as fully and completely as though paragraph 5 of the executive order of July 3, 1918, had been rescinded on or before January 1st, 1920. WOODROW WILSON.

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Scholarly & Legal Citations

Exec. Order No. 3374 (Dec. 22, 1920), https://executiveordersarchive.org/orders/app-executive-order-3374-confirming-powers-federal-trade-commission-over-coal-cost-information.