By virtue of and pursuant to the authority vested in me under title 1 of the National Industrial Recovery Act of June 16, 1933 (ch. 90, 48 Stat. 195), and in order to effectuate the purposes of said title, Executive Order No. 6354 of October 23, 1933, prescribing rules and regulations under the National Industrial Recovery Act is hereby amended by striking out the paragraph numbered 1 thereof and inserting in its stead the following paragraph: "Employers engaged only locally in retail trade or local service trades or industries who operate not more than three establishments and whose place or places of business is or are located in a town or towns each of less than 2,500 population and not in the immediate trade area of a city or town of larger population, as determined by the Administrator, are exempted from those provisions of the President's Reemployment Agreement and those provisions of approved codes of fair competition which relate to hours of employment, rates of pay, the minimum prices at which merchandise may be sold or services performed, and the collection of assessments, except insofar as any such employer shall after the effective date of this order signify to the Administrator liis intention to be bound by such provisions. This exemption is intended to reHeve small business enterprises in small towns from fixed obligations which might impose exceptional hardship; but all such enterprises are expected to conform to the fullest extent possible with the requirements which otherwise would be obhgatory upon them." The Administrator for Industrial Recovery is hereby authorized to prescribe such rules and regulations as he may deem necessary to carry out the provisions of said paragraph numbered 1 of Executive Order No. 6354 as amended by this order. FRANKLIN D. ROOSEVELT The White House, May 15, 1934.
Executive Order 6710 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 6710—Amendment of Executive Order No. 6354 of October 23, 1933, Prescribing Rules and Regulations Under the National Industrial Recovery Act
Executive Brief • At a Glance
⏱️ 2 min read (300 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 6354 of October 23, 1933, prescribing rules and regulations under the National Industrial Recovery Act is hereby amended by striking out the paragraph numbered 1 thereof and inserting in its stead the following paragraph: "Employers engaged only locally in retail trade or local service trades or industries who operate not more than three establishments and whose place or places of business is or are located in a town or towns each of less than 2,500 population and not in the immediate trade area of a city or town of larger population, as determined by the Administrator, are exempted from those provisions of the President's Reemployment Agreement and those provisions of approved codes of fair competition which relate to…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises
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 15, 1934, this order concerns Amendment of Executive Order No. 6354 of October 23, 1933, Prescribing Rules and Regulations Under the National Industrial Recovery Act. Executive Order No. 6354 of October 23, 1933, prescribing rules and regulations under the National Industrial Recovery Act is hereby amended by striking out the paragraph numbered 1 thereof and inserting in its stead the following paragraph: "Employers engaged only locally in retail trade or local service trades or industries who operate not more than three establishments and whose place or places of business is or…
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
Executive Order No. 6354 of October 23, 1933, prescribing rules and regulations under the National Industrial Recovery Act is hereby amended by striking out the paragraph numbered 1 thereof and inserting in its stead the following paragraph: "Employers engaged only locally in retail trade or local service trades or industries who operate not more than three establishments and whose place or places of business is or are located in a town or towns each of less than 2,500 population and not in the immediate trade area of a city or town of larger population, as determined by the Administrator, are exempted from those provisions of the President's Reemployment Agreement and those provisions of approved codes of fair competition which relate to…
▪
This exemption is intended to reHeve small business enterprises in small towns from fixed obligations which might impose exceptional hardship; but all such enterprises are expected to conform to the fullest extent possible with the requirements which otherwise would be obhgatory upon them." The Administrator for Industrial Recovery is hereby authorized to prescribe such rules and regulations as he may deem necessary to carry out the provisions of said paragraph numbered 1 of Executive Order No. 6354 as amended by this order.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
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.
⚖️✨ Zone 2 (Zone of Twilight)
§
"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."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
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.
Madisonian Stance: Vigilant / Cautionary
AH
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.
Hamiltonian Stance: Defends Vigor & Dispatch
GM
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.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
37 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
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.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
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
300
1,840 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
19.5
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 6354 Oct 23, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6354—Rules and Regulations Under the National Industrial Recovery Act
📜 Art. II §1: Executive Discretion & Internal Operations
In order to effectuate the policy of Title I of the National Industrial Recovery Act, approved June 16, 1933, and to provide for equitable enforcement of agreements heretofore made with the President and codes approved by the President under said act, I, Franklin D. Roosevelt…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 6711 May 15, 1934
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6711-A—Prescribing Rules and Regulations for the Interpretation and Application of Certain Labor Provisions of Codes of Fair Competition as They May Affect Certain Homeworkers
📜 10th Amend: Intergovernmental Federalism Cooperation
No provision of any Code of Fair Competition heretofore or hereafter approved 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.
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 6711 May 15, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6711—Prescribing a Regulation Prohibiting Dismissal of Employees for Reporting Alleged Violations of Codes of Fair Competition
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby prescribe the following rule and regulation: No employer subject to a code of fair competition approved under said title shall dismiss or demote any employee for making a complaint or giving evidence with respect to an alleged violation of the provisions of any code of…
Franklin D. Roosevelt College Level • 1m
EO 6711 May 15, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6711-B—Supplemental Code of Fair Competition for the Plumbing Contracting Division of the Construction Industry
📜 Art. II §1: Executive Discretion & Internal Operations
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…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 6709 May 14, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6709—Making Certain Funds Available to the Federal Emergency Relief Administration for the Fiscal Year 1934
📜 Art. II §1: Executive Discretion & Internal Operations
There is hereby made available to the Federal Emergency Relief Administration for expenditure during the fiscal year ending June 30, 1934, the sum of $100,000,000 from the sum of $350,000,000 allocated by Executive Order No. GG03, of February 15, 1934, to the said…
Franklin D. Roosevelt High School • 1m
EO 6708 May 11, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6708—Authorizing and Directing John Dickinson, Assistant Secretary of Commerce, to Perform the Duties of the Director of the Bureau of Foreign and Domestic Commerce, in Case of Absence, Resignation, etc., of the Director of Said Bureau
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby authorize and direct John Dickinson, Assistant Secretary of Commerce, to perform the duties of the Director of the Bureau of Foreign and Domestic Commerce of the Department of Commerce in case of the resignation, absence, or sickness of the Director of said Bureau…
Franklin D. Roosevelt High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6710 (May 15, 1934), https://executiveordersarchive.org/orders/app-executive-order-6710-amendment-executive-order-no-6354-october-23-1933-prescribing-rules.
