Whereas the Congress of the United States has declared that a national emergency exists by reason of widespread unemployment and disorganization of industry; and has declared it to be the policy of Congress to remove obstacles to the free flow of interstate and foreign commerce which tend to diminish the amount thereof, to provide for the general welfare, by promoting the fullest possible utilization of the present productive capacities of industries, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry; and Whereas in order to meet said emergency and to provide the relief necessary to protect the general welfare of the people the Congress has enacted, inter alia, the following acts: 1. National Industrial Recovery Act, approved June 16, 1933; 2. Reconstruction Finance Corporation Act, approved January 22, 1932; 3. Bank Conservation Act, approved March 9, 1933; and Whereas in order effectively and efficiently to carry out the provisions of said acts it is expedient and necessary that a banking corporation be organized with power to aid in financing and to facilitate exports and imports and the exchange of commodities between the United States and other nations or the agencies or nationals thereof; Now, Therefore , under and by virtue of the authority vested in me by the National Industrial Recovery Act of June 16, 1933, it is hereby declared that an agency, to wit: a banking corporation, be created pursuant to title 5, chapter 9, section 261 of the Code of the District of Columbia, under the name of ExportImport Bank of Washington. The governing body of said corporation shall consist of a board of trustees composed of five members, and the following persons, who have been invited and who have given their consent to serve, shall act as incorporators and shall handle the concerns of the corporation for the first year: Daniel C. Roper, Secretary of Commerce Robert F. Kelley, Chief of the Division of Eastern European Affairs Department of State Chester C. Davis, Administrator, Agricultural Adjustment Administration Stanley Reed, General Counsel, Reconstruction Finance Corporation Lynn P. Talley, Executive Assistant to the Directors of the Reconstruction Finance Corporation The operations of the corporation shall be carried on in the District of Columbia, and the main office of the corporation shall be at 1825 H Street NW., Washington, District of Columbia. The amount of capital stock of the corporation shall be $11,000,000, divided into classes and shares as follows: (a) $1,000,000 par value of common stock, divided into 10,000 shares of the par value of $100 each; and (b) $10,000,000 par value of preferred stock, divided into 10,000 shares of the par value of $1,000 each. The Secretary of State and the Secretary of Commerce are hereby authorized and directed to cause said corporation to be formed, with such certificate of incorporation, and bylaws, as they shall deem requisite and necessary to define the methods by which the corporation shall conduct its business. The persons above named are authorized and directed to subscribe for all of the common capital stock for the use and benefit of the United States, of which amount five shares may be held in the respective names of the initial trustees and their successors if required by the law under wliich said banking corporation is incorporated. There is hereby set aside for the purpose of subscribing for the common capital stock of said corporation the sum of $1,000,000 out of the appropriation of $3,300,000,000 authorized by section 220 of the National Industrial Recovery Act and made by the Fourth Deficiency Act, fiscal year 1933, approved June 16, 1933 (Public, No. 77, 73d Cong.). It is hereby further directed that any common stock in said corporation standing in the name of the United States shall be voted by such person or persons as they—the Secretary of State and the Secretary of Commerce—shall appoint as their joint agent or agents for that purpose. Any vacancies occurring in the initial board of trustees shall be filled by the board of trustees, subject to the approval of the President of the United States. FRANKLIN D. ROOSEVELT The White House, February 2, 1934.
Executive Order 6581—Authorizing the Formation of a Banking Corporation To Be Known as Export-Import Bank of Washington
Executive Brief • At a Glance
It is hereby declared that an agency, to wit: a banking corporation, be created pursuant to title 5, chapter 9, section 261 of the Code of the District of Columbia, under the name of ExportImport Bank of Washington.
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 February 2, 1934, this order concerns Authorizing the Formation of a Banking Corporation To Be Known as Export-Import Bank of Washington. It is hereby declared that an agency, to wit: a banking corporation, be created pursuant to title 5, chapter 9, section 261 of the Code of the District of Columbia, under the name of ExportImport Bank of Washington.
Key Directives & Operative Actions
It is hereby declared that an agency, to wit: a banking corporation, be created pursuant to title 5, chapter 9, section 261 of the Code of the District of Columbia, under the name of ExportImport Bank of Washington.
The governing body of said corporation shall consist of a board of trustees composed of five members, and the following persons, who have been invited and who have given their consent to serve, shall act as incorporators and shall handle the concerns of the corporation for the first year: Daniel C. Roper, Secretary of Commerce Robert F. Kelley, Chief of the Division of Eastern European Affairs Department of State Chester C. Davis, Administrator, Agricultural Adjustment Administration Stanley Reed, General Counsel, Reconstruction Finance Corporation Lynn P. Talley, Executive Assistant to the Directors of the Reconstruction Finance Corporation The operations of the corporation shall be carried on in the District of Columbia, and the main…
The amount of capital stock of the corporation shall be $11,000,000, divided into classes and shares as follows: (a) $1,000,000 par value of common stock, divided into 10,000 shares of the par value of $100 each; and (b) $10,000,000 par value of preferred stock, divided into 10,000 shares of the par value of $1,000 each.
The Secretary of State and the Secretary of Commerce are hereby authorized and directed to cause said corporation to be formed, with such certificate of incorporation, and bylaws, as they shall deem requisite and necessary to define the methods by which the corporation shall conduct its business.
Constitutional & Societal Entities Impacted
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.
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
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.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 6581 (Feb. 2, 1934), https://executiveordersarchive.org/orders/app-executive-order-6581-authorizing-the-formation-banking-corporation-be-known-export-import.