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Executive Order 5526 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 5526—Amendments to Consular Regulations

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Wednesday, January 7, 1931
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3 min read (605 words)

Executive Brief • At a Glance

⏱️ 3 min read (605 words) • ● In Effect
🎯 Primary Mandate

For the purpose of bringing the Consular Regulations of 1896 into conformity with statutes of the United States and simplified administrative methods, the following amendments are ordered: 1.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

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 January 7, 1931, this order concerns Amendments to Consular Regulations. For the purpose of bringing the Consular Regulations of 1896 into conformity with statutes of the United States and simplified administrative methods, the following amendments are ordered: 1. In section 186 of the Consular Regulations delete the words "—R. S. Sec. 1707. (Forms Nos. 37, 38, and 39.)" and substitute therefor the words "(R.S. sec. 1707; U.S.C., title 22, sec. 37.) 2.

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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For the purpose of bringing the Consular Regulations of 1896 into conformity with statutes of the United States and simplified administrative methods, the following amendments are ordered: 1.

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In the third sentence of section 277 of the Consular Regulations delete the words "Comptroller General of the United States shall deem proper" and substitute therefor the words "Secretary of State shall deem equitable and proper"; also, at the end of said section delete the words "—R.S., Sec. 4578; 23 Stat. L., 53, Sec. 9; 24 Stat. L., 83, Sec. 18.

▪

In the final sentence of section 290 of the Consular Regulations commencing with the words "and if accorded the administrative approval of the Secretary of State" delete all the remainder of said section and substitute therefor "and the Secretary of State will thereupon approve the claims for such reasonable compensation as he shall deem equitable, as authorized by the act of May 7, 1930, and forward them to the Comptroller General of the United States for final settlement". 5.

▪

Item 7 of the Tariff of the United States Consular Fees, as established by the President's Executive order of May 13, 1929, is hereby canceled. 7.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

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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)
§

"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

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
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
31 / 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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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
605
3,676 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
12.7
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
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Official Archival Text

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📑Sections Outline (2 sections)

For the purpose of bringing the Consular Regulations of 1896 into conformity with statutes of the United States and simplified administrative methods, the following amendments are ordered: 1. In section 186 of the Consular Regulations delete the words "—R. S.

Sec. 1707. #sec-1707

(Forms Nos. 37, 38, and 39.)" and substitute therefor the words "(R.S. sec. 1707; U.S.C., title 22, sec. 37.) 2. In the third sentence of section 277 of the Consular Regulations delete the words "Comptroller General of the United States shall deem proper" and substitute therefor the words "Secretary of State shall deem equitable and proper"; also, at the end of said section delete the words "—R.S., Sec. 4578; 23 Stat. L., 53, Sec. 9; 24 Stat. L., 83,

Sec. 18. #sec-18

(Paragraph 281.)" and substitute therefor "(See section 281.) (R.S. sec. 4578; act of May 7, 1930.)". 3. In the first sentence of section 279 of the Consular Regulations, beginning with the words "Comptroller General of the United States" delete all the remainder of said section and substitute therefor "Secretary of State. Accounts and claims for services of this kind should therefore be submitted to the Secretary of State for adjudication and transmission to the General Accounting Office. (R.S. sec. 4578; act of May 7, 1930.)". 4. In the final sentence of section 290 of the Consular Regulations commencing with the words "and if accorded the administrative approval of the Secretary of State" delete all the remainder of said section and substitute therefor "and the Secretary of State will thereupon approve the claims for such reasonable compensation as he shall deem equitable, as authorized by the act of May 7, 1930, and forward them to the Comptroller General of the United States for final settlement". 5. In the second sentence of section 328 of the Consular Regulations delete the words "at 15 days' sight" and substitute therefor the words "at 5 days' sight." 6. Item 7 of the Tariff of the United States Consular Fees, as established by the President's Executive order of May 13, 1929, is hereby canceled. 7. Subdivision (A) of section 521 of the Consular Regulations is hereby canceled, and the subdivisions of section 521 which are at present designated (?) and (7) shall be hereafter designated respectively (A) and (i). 8. Section 562 of the Consular Regulations as now established is hereby canceled, and the following is established in substitution therefor: 562. Final account and draft. No draft drawn by a Foreign Service officer who has resigned, retired, or for any other cause become separated from the service will be paid. Payment from official funds may be made for all obligations, including those for transportation, incurred prior to the date of retirement or separation from the service of the officer, provided payment therefor is also made prior to such date. Accounts covering the period immediately preceding the date of retirement or separation from the service must be submitted to cover all drafts drawn and expenditures made from official funds and must not show a balance due to the officer or to the United States. Any obligations incurred prior to the date of retirement or separation from the service for which expenditures from official funds have not been made, and all obligations incurred subsequent to such date, must be submitted to the department on regular official accounting forms as a claim. Such claims will be forwarded to the General Accounting Office for audit prior to payment, which will be effected by check on the Treasurer of the United States for the amount found due after the settlement of the officer's final accounts. HERBERT HOOVER The White House, January 7, 1931.

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Scholarly & Legal Citations

Exec. Order No. 5526 (Jan. 7, 1931), https://executiveordersarchive.org/orders/app-executive-order-5526-amendments-consular-regulations.