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Executive Orders Historical Archive
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Executive Order 6722 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 6722—Documents Required of Bona Fide Alien Seamen Entering the United States

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Saturday, May 26, 1934
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3 min read (691 words)

Executive Brief • At a Glance

⏱️ 3 min read (691 words) • ● In Effect
🎯 Primary Mandate

I hereby prescribe the following regulations governing the entry of alien seamen into the United States: I. Alien seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen, may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or visas if arriving in the United States under the following circumstances: (1) As seamen who were members of the crew of an American vessel, which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or the laws of the United States provide for their return to an American port; (2)…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Foreign Nations & International Entities

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 26, 1934, this order concerns Documents Required of Bona Fide Alien Seamen Entering the United States. I hereby prescribe the following regulations governing the entry of alien seamen into the United States: I. Alien seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen, may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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I hereby prescribe the following regulations governing the entry of alien seamen into the United States: I. Alien seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen, may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or visas if arriving in the United States under the following circumstances: (1) As seamen who were members of the crew of an American vessel, which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or the laws of the United States provide for their return to an American port; (2)…

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Alien seamen arriving at a port in the United States, sent forward by the owners to join a foreign vessel in such port as members of the crew, may present passport visas, transit certificates, or group transit certificates, issued by a consular officer in accordance with the classification specified in section 3 of the Immigration Act of 1924 (ch. 190, 43 Stat. 153, 154) under such regulations as the Secretary of State and the Secretary of Labor may prescribe.

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The visa of a shipping commissioner in the Canal Zone shall be accepted as equivalent to the visa of an American consular officer, but consular agents are not authorized to visa crew lists.

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An alien seaman whose name is not included in a visaed crew list arriving at a port of the United States shall not be allowed to land except upon the permission of the Secretary of State.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Foreign Nations & International Entities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

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.

Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
GM

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.

Anti-Federalist Stance: Eternal Vigilance Required
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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
35 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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%).
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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
691
4,017 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
16.6
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the act of May 22, 1918 (ch. 81, 40 Stat. 559), as extended by the act of March 2, 1921 (ch. 113, 41 Stat. 1205, 1217), I hereby prescribe the following regulations governing the entry of alien seamen into the United States: I. Alien seamen whose occupational status as such is found to be bona fide, entering the ports of the United States solely in the pursuit of their calling as seamen, may be admitted temporarily in the discretion of the Secretary of Labor and under regulations prescribed by the Secretary without passports or visas if arriving in the United States under the following circumstances: (1) As seamen who were members of the crew of an American vessel, which has been sold and delivered abroad, when the contract of employment provides for the return of the crew or the laws of the United States provide for their return to an American port; (2) As individual seamen returned to the United States in accordance with the terms of the articles of outward voyage; (3) As shipwrecked or cast-away seamen rescued by or transferred to a vessel bound to an American port; (4) As alien (American) seamen who are consular passengers, or are repatriated without expense to the United States Government following and in accordance with the terms of their discharge in a foreign port before an American consular officer, but who, for any reason, cannot be considered as serving as seamen on the vessel on which they arrive at an American port. II. Alien seamen arriving at a port in the United States, sent forward by the owners to join a foreign vessel in such port as members of the crew, may present passport visas, transit certificates, or group transit certificates, issued by a consular officer in accordance with the classification specified in section 3 of the Immigration Act of 1924 (ch. 190, 43 Stat. 153, 154) under such regulations as the Secretary of State and the Secretary of Labor may prescribe. III. Masters of vessels of all nationalities sailing for a port of the United States must submit for visa a list of all the alien members of the vessel's crew to the American consular officer at the port from which the vessel commences its voyage. If there is no American consular officer stationed at that port, the crew list should be submitted at the first port of call (if the vessel touches at any other port) where an American consular officer is located. The visa of a shipping commissioner in the Canal Zone shall be accepted as equivalent to the visa of an American consular officer, but consular agents are not authorized to visa crew lists. This paragraph does not apply to members of crews of vessels sailing between ports of the United States and ports of Canada, Newfoundland, St. Pierre, and Miquelon and not touching at ports of other countries, no documentation being required of such persons. When a vessel sails from a port where no American consular officer is stationed, but which is within a few hours' reach by mail of an American consulate, so that unreasonable delay and serious loss would not result from referring the crew list to such consulate, it should be referred thereto for visa. An alien seaman whose name is not included in a visaed crew list arriving at a port of the United States shall not be allowed to land except upon the permission of the Secretary of State. The Secretary of State and the Secretary of Labor are hereby authorized to make such additional rules and regulations, not inconsistent with this order, as may be deemed necessary for carrying out the provisions of this order and the statutes mentioned therein. This order shall take effect immediately and shall supersede Executive Order No. 4648, of May 13, 1927, entitled "Documents Required of Bona Fide Alien Seamen Entering the United States as Passengers", and section II (5) of Executive Order No. 5869, of June 30, 1932, entitled "Documents Required of Aliens Entering the United States". FRANKLIN D. ROOSEVELT The White House, May 26, 1934.

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 6722 (May 26, 1934), https://executiveordersarchive.org/orders/app-executive-order-6722-documents-required-bona-fide-alien-seamen-entering-the-united-states.