In Codes of Fair Competition which have heretofore been approved or submitted for approval and in such Codes which may hereafter be submitted and approved, question has arisen or may arise as to whether the minimum wage and maximum hour provisions preclude those handicapped by physical or mental defect, age or other infirmity from their former opportunities for obtaining employment. Pursuant to the Authority vested in me by Title I of the National Industrial Recovery Act, upon due consideration of the facts and upon the report and recommendation of the Administrator: I, Franklin D. Roosevelt, President of the United States, in order to carry out the purposes of Title I of the National Industrial Recovery Act, do hereby order that no provision of any Code of Fair Competition, agreement, or license, which has heretofore been or may hereafter be approved, prescribed or issued pursuant to said Title of said Act shall be so construed or applied as to violate the following rules and regulations which are hereby promulgated and prescribed, to-wit: 1. A person whose earning capacity is limited because of age, physical or mental handicap, or other infirmity, may be employed on light work at a wago below the minimum established by a Code, if the employer obtains from the state authority, designated by the United States Department of Labor, a certificate authorizing such person's employment at such wages and for such hours as shall be stated in the certificate. Sucii authority shall be guided by the instructions of the United States Department of Labor in issuing certificates to such persons. Each employer shall file monthly with the Code Authority a list of all such persons employed by him, showing the wages paid to, and the maximum hours of work for such employee. 2. Any approval order of a Code of Fair Competition, agreement or license heretofore approved, prescribed or issued pursuant to Title I of the National Industrial Recovery Act, if any necessity exists therefor in order to make these regulations effective, is hereby modified so as to permit and be conditional upon the full applications and operation of these regulations. These regulations shall become effective immediately and shall thereupon be binding upon all industries and members thereof unless, and only to such extent as, prior to that date good cause to the contrary shall be shown to the Administrator for Industrial Recovery by any affected party or parties with reference to any trade, industry, or subdivision thereof. FRANKLIN D. ROOSEVELT Approval Recommended: Hugh S Johnson Administrator. The White House, Feb. 11th 1934.
Executive Order 6606-F—Prescribing Rules and Regulations for the Interpretation and Application of Certain Labor Provisions of Codes of Fair Competition as They May Affect Handicapped Workers
Executive Brief • At a Glance
No provision of any Code of Fair Competition, agreement, or license, which has heretofore been or may hereafter be approved, prescribed or issued pursuant to said Title of said Act shall be so construed or applied as to violate the following rules and regulations which are hereby promulgated and prescribed, to-wit: 1.
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 11, 1934, this order concerns Prescribing Rules and Regulations for the Interpretation and Application of Certain Labor Provisions of Codes of Fair Competition as They May Affect Handicapped Workers. No provision of any Code of Fair Competition, agreement, or license, which has heretofore been or may hereafter be approved, prescribed or issued pursuant to said Title of said Act shall be so construed or applied as to violate the following rules and regulations which are hereby promulgated and prescribed, to-wit: 1.
Key Directives & Operative Actions
No provision of any Code of Fair Competition, agreement, or license, which has heretofore been or may hereafter be approved, prescribed or issued pursuant to said Title of said Act shall be so construed or applied as to violate the following rules and regulations which are hereby promulgated and prescribed, to-wit: 1.
A person whose earning capacity is limited because of age, physical or mental handicap, or other infirmity, may be employed on light work at a wago below the minimum established by a Code, if the employer obtains from the state authority, designated by the United States Department of Labor, a certificate authorizing such person's employment at such wages and for such hours as shall be stated in the certificate.
Sucii authority shall be guided by the instructions of the United States Department of Labor in issuing certificates to such persons.
Each employer shall file monthly with the Code Authority a list of all such persons employed by him, showing the wages paid to, and the maximum hours of work for such employee. 2.
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 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."
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.
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.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 6606 (Feb. 11, 1934), https://executiveordersarchive.org/orders/app-executive-order-6606-f-prescribing-rules-and-regulations-for-the-interpretation-and.