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Executive Order 5427 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 5427—Waiver or Reduction of Application and Visa Fees for Nonimmigrants

Herbert Hoover Herbert Hoover
•
Wednesday, August 20, 1930
•
2 min read (398 words)

Executive Brief • At a Glance

⏱️ 2 min read (398 words) • ● In Effect
🎯 Primary Mandate

The Secretary of State is hereby authorized to conclude an agreement, by exchange of notes, with any foreign country whereby citizens or subjects of such country who are not immigrants as defined in the Immigration Act of 1924, as amended, may receive passport visas for visiting the United States without payment of the application and visa fees prescribed in the act of June 4, 1920 (11 Stat. 750), or upon payment of a reduced fee, in consideration of a waiver of visas or visa fees or reduction of fees being made for citizens of the United States of a similar class visiting such other country.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Private Citizens & Property Owners Foreign Nations & International Entities
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 Herbert Hoover on August 20, 1930, this order concerns Waiver or Reduction of Application and Visa Fees for Nonimmigrants. By virtue of the authority vested in me by the act of Congress approved February 25, 1925 (43 Stat. 976), entitled "An act to authorize the President in certain cases to modify visa fees," I hereby prescribe the following regulations governing the fees to be required of aliens who are not immigrants as defined in the Immigration Act of 1924 (43 Stat. 153), as amended, and who are citizens or subjects of countries…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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The Secretary of State is hereby authorized to conclude an agreement, by exchange of notes, with any foreign country whereby citizens or subjects of such country who are not immigrants as defined in the Immigration Act of 1924, as amended, may receive passport visas for visiting the United States without payment of the application and visa fees prescribed in the act of June 4, 1920 (11 Stat. 750), or upon payment of a reduced fee, in consideration of a waiver of visas or visa fees or reduction of fees being made for citizens of the United States of a similar class visiting such other country.

▪

Upon the conclusion of any such agreement the fee charges specified therein shall become effective, when and as provided therein, as if specifically stated in this order.

▪

In cases where the Secretary of State has not been able to negotiate such an agreement by exchange of notes, he is hereby authorized, to the extent consistent with the public interest, to issue regulations reducing the fees prescribed in the act of June 4, 1920, to be collected for passport visas and applications therefor, or abolishing them altogether, in the case of any class of aliens desiring to visit the United States who are not immigrants as defined in the Immigration Act of 1924, as amended, and who are citizens or subjects of a country which grants similar privileges to citizens of the United States of a similar class visiting such country.

▪

Upon the issuance of any such regulations the fee charges specified therein shall become effective, when and as provided therein, as if specifically stated in this order and shall remain effective until the foreign country increases its corresponding fees charged citizens of the United States.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

🏷️ Immigration & Border Security
🏛️

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)
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"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
JM

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)
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: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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
35 / 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

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
398
2,358 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.2
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the act of Congress approved February 25, 1925 (43 Stat. 976), entitled "An act to authorize the President in certain cases to modify visa fees," I hereby prescribe the following regulations governing the fees to be required of aliens who are not immigrants as defined in the Immigration Act of 1924 (43 Stat. 153), as amended, and who are citizens or subjects of countries making similar concessions to citizens of the United States. The Secretary of State is hereby authorized to conclude an agreement, by exchange of notes, with any foreign country whereby citizens or subjects of such country who are not immigrants as defined in the Immigration Act of 1924, as amended, may receive passport visas for visiting the United States without payment of the application and visa fees prescribed in the act of June 4, 1920 (11 Stat. 750), or upon payment of a reduced fee, in consideration of a waiver of visas or visa fees or reduction of fees being made for citizens of the United States of a similar class visiting such other country. Upon the conclusion of any such agreement the fee charges specified therein shall become effective, when and as provided therein, as if specifically stated in this order. In cases where the Secretary of State has not been able to negotiate such an agreement by exchange of notes, he is hereby authorized, to the extent consistent with the public interest, to issue regulations reducing the fees prescribed in the act of June 4, 1920, to be collected for passport visas and applications therefor, or abolishing them altogether, in the case of any class of aliens desiring to visit the United States who are not immigrants as defined in the Immigration Act of 1924, as amended, and who are citizens or subjects of a country which grants similar privileges to citizens of the United States of a similar class visiting such country. Upon the issuance of any such regulations the fee charges specified therein shall become effective, when and as provided therein, as if specifically stated in this order and shall remain effective until the foreign country increases its corresponding fees charged citizens of the United States. This order shall take effect immediately and shall supersede the Executive Order No. 4224½ of May 15, 1925. HERBERT HOOVER The White House, August 20, 1930.

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Scholarly & Legal Citations 

Exec. Order No. 5427 (Aug. 20, 1930), https://executiveordersarchive.org/orders/app-executive-order-5427-waiver-or-reduction-application-and-visa-fees-for-nonimmigrants.