Whereas the guidance of public policy in relation to international commerce has tended, in recent years, to encounter increasingly complex problems, which can be solved only upon the basis of the comprehensive analysis and coordinated utilization of those of our resources which relate to trade with other countries; and Whereas this analysis and utilization require that the powers and duties assigned to various executive establishments and agencies for the purpose of promoting, reinforcing, or protecting the foreign trade of the United States be coordinated and the work of such establishments and agencies be made as effective as possible; Now, Therefore , by virtue of and pursuant to the authority vested in me under title I of the National Industrial Recovery Act approved June 16, 1933 (ch. 90, 48 Stat. 195), and otherwise, and in order to aid in effectuating the policy of said title and the fulfillment of the purposes hereinbefore set forth— (1) There is hereby established the Office of Special Adviser to the President on Foreign Trade, the head of which shall be the Special Adviser, who shall be appointed by the President and shall receive a salary to be fixed by me. The Special Adviser may appoint, without regard to the Civil Service laws or the Classification Act of 1923, as amended, fix the compensation and prescribe the duties and authority of such officials and employees, and make such expenditures (including expenditures for personal services, and rent at the seat of the Government and elsewhere, for law books, books of reference, newspapers and periodicals, and for paper, printing, and binding) as may be necessary to carry into effect the provisions of this order. (2) (a) The Special Adviser, in order to effectuate the general purposes of this order, and to keep me informed with respect to our foreign trade, is authorized to obtain, review, and coordinate the information, statistics, and data with reference to the foreign trade of the United States collected or prepared by any department or other establishment or agency of the Federal Government (hereinafter referred to as "department or other agency"), or elsewhere. (b) In connection with foreign trade activities, the Special Adviser is authorized to carry on negotiations with respect to specific trade transactions with any individual, corporation, association, group, or business agency interested in obtaining assistance from the Federal Government through (1) financing transactions, (2) barter transactions, or (3) other forms of Governmental participation authorized by law. (c) The Special Advisor shall bring such proposals with respect to these transactions as seem meritorious to him before the departments or other agencies affected by or having an interest therein for appropriate action, and shall keep me advised concerning the action taken or proposed by such department or other agency. (d) The authorization herein set forth shall not exclude any department or other agency from carrying on such activities as are now authorized by law. For example, the State Department shall function in its usual way to the extent that any question of foreign policy is involved. (3) (a) The departments and other agencies, including the export-import banks, are hereby requested to make available to the Special Adviser (and whenever practicable in the form requested by him) their information, statistics, and data concerning foreign trade, to furnish (with the consent of the head of the department or other agency) their services and facilities and to cooperate with him to as full an extent as may be practicable in order to effectuate the purposes of this order. The Special Advisor is authorized to reimburse any department or other agency for exceptional or unusual assistance from such funds as may be allocated to the Office of the Special Adviser. (b) The contact of the Special Adviser with each department or agency shall be through the head of such department or agency or through such channel as the head of such department or agency shall designate. (4) For the purposes of this order the sum of $100,000 is hereby allocated to the Office of the Special Adviser to the President on Foreign Trade from 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 (ch. 100, 48 Stat. 274). (5) (a) The temporary committee created by me as set forth in the public statement of December 11, "to recommend permanent machinery to coordinate all Government relations to American foreign trade" is supplanted by the present arrangement. The Special Adviser, with the approval of the President, is hereby authorized to create such committees as he may deem appropriate or necessary to assist and promote in carrying out the purposes of this order. (6) The formulation of commercial policies with respect to foreign trade and the effecting of general foreign-trade agreements will remain in the department or other agency now charged by law with responsibility therefor. FRANKLIN D. ROOSEVELT The White House, March 23, 1934.
Executive Order 6651—Establishing the Office of Special Adviser on Foreign Trade
Executive Brief • At a Glance
The Special Adviser may appoint, without regard to the Civil Service laws or the Classification Act of 1923, as amended, fix the compensation and prescribe the duties and authority of such officials and employees, and make such expenditures (including expenditures for personal services, and rent at the seat of the Government and elsewhere, for law books, books of reference, newspapers and periodicals, and for paper, printing, and binding) as may be necessary to carry into effect the provisions of this order.
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 23, 1934, this order concerns Establishing the Office of Special Adviser on Foreign Trade. By virtue of and pursuant to the authority vested in me under title I of the National Industrial Recovery Act approved June 16, 1933 (ch. 90, 48 Stat. 195), and otherwise, and in order to aid in effectuating the policy of said title and the fulfillment of the purposes hereinbefore set forth— (1) There is hereby established the Office of Special Adviser to the President on Foreign Trade, the head of which shall be…
Key Directives & Operative Actions
The Special Adviser may appoint, without regard to the Civil Service laws or the Classification Act of 1923, as amended, fix the compensation and prescribe the duties and authority of such officials and employees, and make such expenditures (including expenditures for personal services, and rent at the seat of the Government and elsewhere, for law books, books of reference, newspapers and periodicals, and for paper, printing, and binding) as may be necessary to carry into effect the provisions of this order.
In connection with foreign trade activities, the Special Adviser is authorized to carry on negotiations with respect to specific trade transactions with any individual, corporation, association, group, or business agency interested in obtaining assistance from the Federal Government through (1) financing transactions, (2) barter transactions, or (3) other forms of Governmental participation authorized by law.
The Special Advisor shall bring such proposals with respect to these transactions as seem meritorious to him before the departments or other agencies affected by or having an interest therein for appropriate action, and shall keep me advised concerning the action taken or proposed by such department or other agency.
The authorization herein set forth shall not exclude any department or other agency from carrying on such activities as are now authorized by law.
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 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."
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.
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 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
Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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 relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
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. 6651 (Mar. 23, 1934), https://executiveordersarchive.org/orders/app-executive-order-6651-establishing-the-office-special-adviser-foreign-trade.