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Executive Order 6513 ⚖️⚠️ Zone 3: Lowest Ebb Constitutional Friction / Overreach (-0.19) 📜 Executive Prerogative & Inherent Power Assertion

Executive Order 6513—Amendment of Executive Order No. 6433-A

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Monday, December 18, 1933
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1 min read (190 words)

Executive Brief • At a Glance

⏱️ 1 min read (190 words) • ● In Effect
🎯 Primary Mandate

All members of the Special Industrial Recovery Board, including the Attorney General, the Director of the Bureau of the Budget, and the Chairmen of the Federal Trade Commission, are designated and included as members of the National Emergency Council and that all functions and duties of said Board hereafter be exercised and performed by said Council.

⚖️ Constitutional Footing
⚖️⚠️ Zone 3: Lowest Ebb
Incompatible with Expressed Will of Congress or High Friction
📜 Executive Prerogative & Inherent Power Assertion
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises 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 December 18, 1933, this order concerns Amendment of Executive Order No. 6433-A. All members of the Special Industrial Recovery Board, including the Attorney General, the Director of the Bureau of the Budget, and the Chairmen of the Federal Trade Commission, are designated and included as members of the National Emergency Council and that all functions and duties of said Board hereafter be exercised and performed by said Council.

Constitutional Assessment: An early statesman would regard this order with wariness, cautioning that energetic executive discretion must never eclipse the enumerated boundaries established by the representatives of the people in Congress.

Key Directives & Operative Actions

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All members of the Special Industrial Recovery Board, including the Attorney General, the Director of the Bureau of the Budget, and the Chairmen of the Federal Trade Commission, are designated and included as members of the National Emergency Council and that all functions and duties of said Board hereafter be exercised and performed by said Council.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ 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 3 (Lowest Ebb)
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"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Incompatible with Expressed Will of Congress or High Friction
JM

James Madison

Separation of Powers & Legislative Primacy

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)

Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.

Madisonian Stance: Strict Dissent (Overreach)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)

Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.

Hamiltonian Stance: Qualified Caution
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: Vehement Objection
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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.

⚠️ Elevated Constitutional Friction
48 / 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

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Low Friction

Confined strictly to internal federal jurisdiction, federal property, or direct military command.

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

High Friction

The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.

Benchmark: Incompatible with Expressed Will of Congress or High Friction
⚖️ Audit Synthesis

This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.

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
190
1,199 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
19.9
Post-Graduate Legal
Language Tone Score
-0.19
Constitutional Friction / Overreach
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas Executive Order No. 6433-A, dated November 17, 1933, provides that the National Emergency Council "shall be composed of the following and such other members as the President may designate" and those designated therein include all members of the Special Industrial Recovery Board, appointed by Executive Order No. 6173, dated June 16, 1933 (as supplemented by Executive Order No. 6205-A, dated July 15, 1933), except the Attorney General, the Director of the Bureau of the Budget and the Chairman of the Federal Trade Commission; and Whereas it is desirable, in the public interest, that all members of the Special Industrial Recovery Board be included in the National Emergency Council and that their functions and duties be coordinated; Now, therefore , it is hereby ordered that all members of the Special Industrial Recovery Board, including the Attorney General, the Director of the Bureau of the Budget, and the Chairmen of the Federal Trade Commission, are designated and included as members of the National Emergency Council and that all functions and duties of said Board hereafter be exercised and performed by said Council. FRANKLIN D. ROOSEVELT The White House, December 18, 1933.

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Scholarly & Legal Citations

Exec. Order No. 6513 (Dec. 18, 1933), https://executiveordersarchive.org/orders/app-executive-order-6513-amendment-executive-order-no-6433.