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Executive Order 6085 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 6085—Announcing the Index Figures for the Cost of Living for the Six Months Periods Ending June 30, 1928, and December 31, 1932

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Tuesday, March 28, 1933
•
3 min read (609 words)

Executive Brief • At a Glance

⏱️ 3 min read (609 words) • ● In Effect
🎯 Primary Mandate

I hereby announce: First, That such index figures are— (a) 171.0 for the six months period ending June 30, 1928, the base period, and (b) 133.9 for the six months period ending December 31, 1932; Second, That the cost of living index for the six months period ending December 31, 1932, is 21.7 per centum lower than the cost of living index for the base period; and Third, That this per centum being in excess of the maximum per centum prescribed by section 3(b), the percentage of reduction applicable under section 2(b), in determining the compensation of officers and employees to be paid during the period from April 1, 1933, to June 30, 1933, inclusive, is 15 per centum.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Franklin D. Roosevelt on March 28, 1933, this order concerns Announcing the Index Figures for the Cost of Living for the Six Months Periods Ending June 30, 1928, and December 31, 1932. I hereby announce: First, That such index figures are— (a) 171.0 for the six months period ending June 30, 1928, the base period, and (b) 133.9 for the six months period ending December 31, 1932; Second, That the cost of living index for the six months period ending December 31, 1932, is 21.7 per centum lower than the cost of living index for the base period; and Third, That this per centum being in excess of the…

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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I hereby announce: First, That such index figures are— (a) 171.0 for the six months period ending June 30, 1928, the base period, and (b) 133.9 for the six months period ending December 31, 1932; Second, That the cost of living index for the six months period ending December 31, 1932, is 21.7 per centum lower than the cost of living index for the base period; and Third, That this per centum being in excess of the maximum per centum prescribed by section 3(b), the percentage of reduction applicable under section 2(b), in determining the compensation of officers and employees to be paid during the period from April 1, 1933, to June 30, 1933, inclusive, is 15 per centum.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

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 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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

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

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
609
3,579 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
21.6
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas sections 2 and 3, Title II, of the act entitled "AN ACT To maintain the credit of the United States Government" approved March 20, 1933 (Public, No. 2, 73d Cong.), provide: "Sec. 2. For that portion of the fiscal year 1933 beginning with the first day of the calendar month following the month during wh'ch this Act is enacted, and for the fiscal year ending June 30, 1934, the compensation of every officer or employee shall be determined as follows:— "(a) The compensation which such officer or employee would receive under the provisions of any existing law, schedule, regulation, Executive order, or departmental order shall first be determined as though this title (except section 4) had not been enacted. "(b) The compensation as determined under subparagraph (a) of this section shall be reduced by the percentage, if any, determined in accordance with section 3 of this title. "Sec. 3. (a) The President is authorized to investigate through established agencies of the Government the facts relating to the cost of living in the United States during the six months period ending June 30, 1928, to be known as the base period, and upon the basis of such facts and the application thereto of such principles as he may find proper, determine an index figure of the cost of living during such period. The President is further authorized to make a similar investigation and determination of an index figure of the cost of living during the six months period ending December 31, 1932, and each six months period thereafter. "(b) The President shall announce by Executive order the index figure for the base period and for each subsequent period determined by him under paragraph (a) of this section. The percentage, if any, by which the cost of living index for any six months' period, as provided in paragraph (a) of this section, is lower than such index for the base period, shall be the percentage of reduction applicable under section 2(b) of this title in determining compensation to be paid during the following six months' period, or such portion thereof during which this title is in effect: Provided, That such percentage of reduction (including reductions made under any existing law, regulation, or Executive order, in the case of subsistence and rental allowances for the services mentioned in the Pay Act of June 10, 1922) shall not exceed 15 per centum." And Whereas , through established agencies of the Government, I have investigated the facts relating to the cost of living in the United States during the six months period ending June 30, 1928, and during the six months period ending December 31, 1932, and have determined index figures of the cost of living during such periods, such index figures being based upon an index figure of 100 for the year 1913; Now, Therefore , pursuant to the authority so vested in me, I hereby announce: First, That such index figures are— (a) 171.0 for the six months period ending June 30, 1928, the base period, and (b) 133.9 for the six months period ending December 31, 1932; Second, That the cost of living index for the six months period ending December 31, 1932, is 21.7 per centum lower than the cost of living index for the base period; and Third, That this per centum being in excess of the maximum per centum prescribed by section 3(b), the percentage of reduction applicable under section 2(b), in determining the compensation of officers and employees to be paid during the period from April 1, 1933, to June 30, 1933, inclusive, is 15 per centum. FRANKLIN D. ROOSEVELT The White House, March 28, 1933.

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Scholarly & Legal Citations

Exec. Order No. 6085 (Mar. 28, 1933), https://executiveordersarchive.org/orders/app-executive-order-6085-announcing-the-index-figures-for-the-cost-living-for-the-six-months.