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Executive Order 6348 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 6348—Modifying Agreement Approved July 27, 1933, Between the President of the United States and the Code Committee of the Cordage and Twine Industry

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Friday, October 20, 1933
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2 min read (407 words)

Executive Brief • At a Glance

⏱️ 2 min read (407 words) • ● In Effect
🎯 Primary Mandate

It Appearing that paragraph 2, schedule A, of the agreement entered into by the President of the United States and the code committee of the Cordage and Twine Industry, approved by Executive order of July 27, 1933, was executed as part of a measure intended to be purely temporary and without opportunity for full consideration of existing conditions in the industry; and It Further Appearing that in the ordinary routine the adoption of a permanent code for the above industry may be delayed; and It Further Appearing that said paragraph did not, at the time of its adoption, express the true intent of the parties to said agreement; Now, Therefore , pursuant to the authority vested in me by title I of the National Industrial Recovery Act…

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ 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 Franklin D. Roosevelt on October 20, 1933, this order concerns Modifying Agreement Approved July 27, 1933, Between the President of the United States and the Code Committee of the Cordage and Twine Industry. It Appearing that paragraph 2, schedule A, of the agreement entered into by the President of the United States and the code committee of the Cordage and Twine Industry, approved by Executive order of July 27, 1933, was executed as part of a measure intended to be purely temporary and without opportunity for full consideration of existing conditions in the industry; and It Further Appearing that in the ordinary…

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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It Appearing that paragraph 2, schedule A, of the agreement entered into by the President of the United States and the code committee of the Cordage and Twine Industry, approved by Executive order of July 27, 1933, was executed as part of a measure intended to be purely temporary and without opportunity for full consideration of existing conditions in the industry; and It Further Appearing that in the ordinary routine the adoption of a permanent code for the above industry may be delayed; and It Further Appearing that said paragraph did not, at the time of its adoption, express the true intent of the parties to said agreement; Now, Therefore , pursuant to the authority vested in me by title I of the National Industrial Recovery Act…

▪

In the event any place of business did not have a rate for a particular class of work in June, 1929, the prevailing rate for the same class of work in the competitive district in which the present place of business is located shall govern the application of this provision." Pending the hearing and approval of a permanent code for said industry the above agreement approved July 27, 1933, shall remain in full force and effect except as hereinabove modified.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises

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 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
34 / 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

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
407
2,385 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
35
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

It Appearing that paragraph 2, schedule A, of the agreement entered into by the President of the United States and the code committee of the Cordage and Twine Industry, approved by Executive order of July 27, 1933, was executed as part of a measure intended to be purely temporary and without opportunity for full consideration of existing conditions in the industry; and It Further Appearing that in the ordinary routine the adoption of a permanent code for the above industry may be delayed; and It Further Appearing that said paragraph did not, at the time of its adoption, express the true intent of the parties to said agreement; Now, Therefore , pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and pursuant to the authority vested in me by the above-described agreement with the Cordage and Twine Industry through its code committee: I agree with the code committee representing the Cordage Institute, the recognized trade association for the Cordage and Twine Industry of America, that the above agreement approved by me July 27, 1933, shall be modified in the following particulars: In place of paragraph 2, schedule A, of the said agreement there shall be inserted the following provision: "Every employer in the industry shall increase the rate of pay of all employees paid either by the hour or piece (if not already increased) and shall increase the rate of pay of all employees paid by the day, week or month now receiving less than thirty-five (35) dollars per week (if not already increased) to not less than 90% of the rates paid by said employer or his predecessor in business for the same class of work at the same place of business in June, 1929, provided that no employee shall be paid less than the minimum fixed in this code. In the event any place of business did not have a rate for a particular class of work in June, 1929, the prevailing rate for the same class of work in the competitive district in which the present place of business is located shall govern the application of this provision." Pending the hearing and approval of a permanent code for said industry the above agreement approved July 27, 1933, shall remain in full force and effect except as hereinabove modified. FRANKLIN D. ROOSEVELT Approval recommended: Hugh S. Johnson. Administrator. The White House, October 20, 1933.

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Scholarly & Legal Citations

Exec. Order No. 6348 (Oct. 20, 1933), https://executiveordersarchive.org/orders/app-executive-order-6348-modifying-agreement-approved-july-27-1933-between-the-president-the.