An application having been duly made, pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for my approval of a Code of Fair Competition for the Retail Rubber Tire and Battery Trade, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said Code of Fair Competition together with his recommendations and findings with respect thereto, and the Administrator having found that the said Code of Fair Competition complies in all respects with the pertinent provisions of Title I of said Act and that the requirements of clauses (1) and (2) of sub-section (a) of Section 3 of the said Act have been met: Now, Therefore, I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and do order that effective May 14, 1934, unless just cause to the contrary should theretofore be shown, the said Code of Fair Competition be and it is hereby approved; provided, that if prior to said effective date the Administrator on his own initiative determines that an emergency due to destructive price-cutting, as stated in Article VI, Section 4 of said Code, exists in the trade, the Administrator may thereupon cause to be determined the lowest reasonable cost as set forth in said Section 4 of Article VI and such determination may thereupon be announced to the members of the trade in such manner as the Administrator shall direct but shall not become binding upon such members until the effective date of the Code; and provided further, that in connection with the existence of an emergency duo to destructive price-cutting and the determination of lowest reasonable cost thereunder as stated in Article VI, Section 4 of the Code in order to eliminate unfair competition the Administrator may establish for the period of such emergency a uniform guarantee and warranty applicable to the sale or offering for sale of any products of the trade; and provided further, that the provisions of Article VI, Section 2, insofar as they prescribe a waiting period between the filing with the Code Authority or its duly constituted agency and the effective date of revised price-lists, be and they are hereby stayed pending my further orders or the orders of the Administrator; and provided further, that within ninety (90) days of the approval of the Code, the Code Authority shall submit recommendations to the Administrator for the purpose of rendering the hour and wage provisions of this Code as consistent as possible with such provisions in codes of related trades. FRANKLIN D. ROOSEVELT Approval Recommended: Hugh S Johnson Administrator. The White House, May 1, 1934.
Executive Order 6694-A—Code of Fair Competition for the Retail Rubber Tire and Battery Trade
Executive Brief • At a Glance
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and do order that effective May 14, 1934, unless just cause to the contrary should theretofore be shown, the said Code of Fair Competition be and it is hereby approved; provided, that if prior to said effective date the Administrator on his own initiative determines that an emergency due to destructive price-cutting, as stated in Article VI, Section 4 of said Code, exists in the trade, the Administrator may thereupon cause to be determined the lowest reasonable cost as…
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 May 1, 1934, this order concerns Code of Fair Competition for the Retail Rubber Tire and Battery Trade. I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and do order that effective May 14, 1934, unless just cause to the contrary should theretofore be shown, the said Code of Fair Competition be and…
Key Directives & Operative Actions
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise, do adopt and approve the report, recommendations, and findings of the Administrator and do order that effective May 14, 1934, unless just cause to the contrary should theretofore be shown, the said Code of Fair Competition be and it is hereby approved; provided, that if prior to said effective date the Administrator on his own initiative determines that an emergency due to destructive price-cutting, as stated in Article VI, Section 4 of said Code, exists in the trade, the Administrator may thereupon cause to be determined the lowest reasonable cost as…
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 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.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 6694 (May 1, 1934), https://executiveordersarchive.org/orders/app-executive-order-6694-code-fair-competition-for-the-retail-rubber-tire-and-battery-trade.