Whereas section 4 of Executive Order No. 6166 of June 10, 1933, provides in part: "The function of disbursement of moneys of the United States exercised by any agency is transferred to the Treasury Department and, together with the Office of Disbursing Clerk of that Department, is consolidated in a Division of Disbursement, at the head of which shall be a Chief Disbursing Officer." Whereas the effective date of section 4 of Executive Order No. 6166 has been deferred until December 31, 1934, by Executive Order No. 6727 of this date, subject to the provisions contained therein; and Whereas , after further consideration, I have determined that such transfer of the disbursing functions under the jurisdiction of the War Department, the Navy Department, and the Panama Canal, except as hereinafter set forth, would adversely affect the operation of our military and naval forces in time of emergency and would not be in the public interest; Now, Therefore , by virtue of and pursuant to the authority vested in me by section 16 of the act of March 3, 1933 (ch. 212, 47 Stat., 1489, 1517), it is ordered that the above-quoted provision of section 4 of Executive Order No. 6166 of June 10, 1933, be, and it is hereby, revoked insofar as and to the extent that it is applicable to the disbursing functions under the jurisdiction of the War Department, the Navy Department (including the Marine Corps), and the Panama Canal, except those pertaining to departmental salaries and expenses in the District of Columbia: Provided , that the Secretary of War and the Secretary of the Navy shall continue to furnish the Secretary of the Treasury such fiscal reports as are now or may hereafter be required by law, and such other fiscal data as may be required by the Secretary of the Treasury from tune to time: Provided further , that upon the request of the Secretary of the Treasury and with the approval of the Secretary of War and the Secretary of the Navy, as the case may be, the facilities of the War and Navy Departments and the Panama Canal may be utilized in the disbursement, or aiding in the disbursement, of public moneys of the United States available for expenditure by any executive department, independent establishment, or agency of the Government. This order will become effective in accordance with the provisions of section 1, title III, of the act of March 20, 1933 (ch. 3, 48 Stat. 8, 16). Done in triplicate. FRANKLIN D. ROOSEVELT The White House, May 29, 1934.
Executive Order 6728—Revocation in Part of Section 4 of Executive Order No. 6166 of June 10, 1933
Executive Brief • At a Glance
The above-quoted provision of section 4 of Executive Order No. 6166 of June 10, 1933, be, and it is hereby, revoked insofar as and to the extent that it is applicable to the disbursing functions under the jurisdiction of the War Department, the Navy Department (including the Marine Corps), and the Panama Canal, except those pertaining to departmental salaries and expenses in the District of Columbia: Provided , that the Secretary of War and the Secretary of the Navy shall continue to furnish the Secretary of the Treasury such fiscal reports as are now or may hereafter be required by law, and such other fiscal data as may be required by the Secretary of the Treasury from tune to time: Provided further , that upon the request of the…
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 29, 1934, this order concerns Revocation in Part of Section 4 of Executive Order No. 6166 of June 10, 1933. The above-quoted provision of section 4 of Executive Order No. 6166 of June 10, 1933, be, and it is hereby, revoked insofar as and to the extent that it is applicable to the disbursing functions under the jurisdiction of the War Department, the Navy Department (including the Marine Corps), and the Panama Canal, except those pertaining to departmental salaries and expenses in the District of Columbia: Provided…
Key Directives & Operative Actions
The above-quoted provision of section 4 of Executive Order No. 6166 of June 10, 1933, be, and it is hereby, revoked insofar as and to the extent that it is applicable to the disbursing functions under the jurisdiction of the War Department, the Navy Department (including the Marine Corps), and the Panama Canal, except those pertaining to departmental salaries and expenses in the District of Columbia: Provided , that the Secretary of War and the Secretary of the Navy shall continue to furnish the Secretary of the Treasury such fiscal reports as are now or may hereafter be required by law, and such other fiscal data as may be required by the Secretary of the Treasury from tune to time: Provided further , that upon the request of the…
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
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
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
Directs internal executive branch machinery, agency workflows, and federal personnel.
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.
Scholarly & Legal Citations
Exec. Order No. 6728 (May 29, 1934), https://executiveordersarchive.org/orders/app-executive-order-6728-revocation-part-section-4-executive-order-no-6166-june-10-1933.