Section 598 of the Consular Regulations of 1896 is hereby canceled. Sections 657, 668, 672, 674, 677, 679, and 686 are amended by substituting for the citation "Tariff Act of 1922," the words "Tariff Act of 1930." Section 662, paragraph (6), is amended to read: (b) Number of copies. The invoice must be prepared in triplicate, or, for merchandise intended for immediate transportation under the provisions of section 552 of the Tariff Act, in quadruplicate, if desired by the shipper. (Tariff Act of 1930, sec. 482(c); T.D. 38026.) Section 663 is amended by substituting for the citation "Cust. Reg. 1923, Art. 253," the words "Cust. Reg. 1931, art. 276(a)." Section 682 is amended by deleting the last sentence of the section and substituting the words "Tariff Act of 1930 " for the citation "Tariff Act of 1922" where it appears in this section. Section 719 is amended to read as follows: 719. Marking of articles and packages to indicate country of origin. Every article imported into the United States, and its immediate container, and the package in which such article is imported, must be marked, stamped, branded, or labeled, in legible English words, in a conspicuous place, in such manner as to indicate the country of origin of such article; and such marking, stamping, branding, or labeling must be as nearly indelible and permanent as the nature of the article will permit. If at the time of importation any article or its container is not marked, stamped, branded, or labeled in accordance with the requirements, there is levied a duty of 10 per centum of the value of the article in addition to any other duty imposed by law; and if the article is free of duty, there is levied a duty of 10 per centum of the value thereof; and all articles, containers, and packages in the shipment must be duly marked, stamped, branded, or labeled in accordance with the requirements of the. statute. (Tariff Act of 1930, sec. 304.) But certain articles subject to special marking under the provisions of the statutes, if not marked at the time of importation, may not be marked afterwards. They may be exported under .customs supervision, and if not so exported, are treated as prohibited importations. (Cust. Reg. 1931, art. 514.) HERBERT HOOVER The White House, June 16, 1932.
Executive Order 5857 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 5857—Amendments to the Consular Regulations
Executive Brief • At a Glance
⏱️ 2 min read (387 words) •
● In Effect
🎯 Primary Mandate
Of the Consular Regulations of 1896 is hereby canceled.
⚖️ 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
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 June 16, 1932, this order concerns Amendments to the Consular Regulations. Section 598 of the Consular Regulations of 1896 is hereby canceled. Sections 657, 668, 672, 674, 677, 679, and 686 are amended by substituting for the citation "Tariff Act of 1922," the words "Tariff Act of 1930." Section 662, paragraph (6), is amended to read: (b) Number of copies.
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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Of the Consular Regulations of 1896 is hereby canceled.
▪
Sections 657, 668, 672, 674, 677, 679, and 686 are amended by substituting for the citation "Tariff Act of 1922," the words "Tariff Act of 1930." Section 662, paragraph (6), is amended to read: (b) Number of copies.
▪
Reg. 1931, art. 276(a)." Section 682 is amended by deleting the last sentence of the section and substituting the words "Tariff Act of 1930 " for the citation "Tariff Act of 1922" where it appears in this section.
▪
Is amended to read as follows: 719.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating 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
📐
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
43 / 100 friction index
Dimension 1 • Art. I, §1 & §8
High Friction
Legislative Encroachment & Purse
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
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
Moderate Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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
387
2,279 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
11.9
High School
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Franklin D. Roosevelt • 1941-07-05
Related Executive Orders
Other executive actions signed by Herbert Hoover around this period.
EO 5858 Jun 17, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 5th Amend: Regulatory Execution with Due Process
Aghiyuk Island, Chowiet Island, Kateekuk Island, Anowik Island, Kiliktagik Island, Suklik Island, Aghik Island, Aliksemit Island, and South Island, together with all unnamed islands, rocks, and reefs, and all lands under water appurtenant thereto, lying between parallels 55°…
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EO 5859 Jun 21, 1932
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5859—Revocation of Schedule A, Subdivision III, Paragraph 10, of the Civil-Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Schedule A, Subdivision III, paragraph 10, of the civil-service rules, which permits the appointment, without competitive examination, of mounted inspectors in the customs service on the Mexican border, is hereby revoked.
Herbert Hoover Post-Graduate Legal • 1m
EO 5856 Jun 11, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5856—Tongass National Forest, Alaska
📜 Art. II §1: Executive Discretion & Internal Operations
The tracts of land in Alaska lying within the following-described boundaries, heretofore occupied as home sites, be, and the same are hereby, excluded from the Tongass National Forest and restored to entry under the applicable public land laws: Chs.
Herbert Hoover Grade 5 • 10m
EO 5860 Jun 22, 1932
🏛️✅ Zone 1 (Maximum Authority) Fidelity (+0.38)
Executive Order 5860—Rules Governing the Granting and Issuing of Passports in the United States
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Of the act of July 3, 1926 (U.S. Code, title 22, sec. 211a), provides that "The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic representatives of the United States, and by such consul…
Herbert Hoover High School • 29m
EO 5864 Jun 23, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5864—Withdrawal of Public Lands for Lookout Station, Oregon
📜 Art. II §1: Executive Discretion & Internal Operations
The NE. ¼ NE. ¼ sec. 32, T. 1 S., R. 40 E., Willamette meridian, Oregon, containing 40 acres, be, and the same is hereby, temporarily withdrawn from settlement, location, sale, or entry for use as a lookout station in connection with cooperative forest-protection work.
Herbert Hoover High School • 1m
EO 5863 Jun 23, 1932
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5863—Transfer of Lands from the Toiyabe to the Nevada National Forest
📜 Art. II §1: Executive Discretion & Internal Operations
Lands within the Toiyabe National Forest, as defined by proclamation of May 25, 1921 (42 Stat. 2242), as modified by Executive Order No. 5725 of September 24, 1931, be, and the same are hereby, transferred to the Nevada National Forest.
Herbert Hoover Grade 8 • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 5857 (June 16, 1932), https://executiveordersarchive.org/orders/app-executive-order-5857-amendments-the-consular-regulations.
