ORDER NO. 244-17 APPOINTMENT OF CHAIRMAN OF NATIONAL CONSTRUCTION PLANNING AND ADJUSTMENT BOARD Whereas , the Code of Fair Competition for the Construction Industry provides in Article III, Section 5 as follows: "Construction Planning & Adjustment Boards.—There shall be established within thirty (30) days from the effective date of this Code, a National Construction Planning and Adjustment Board, and said Board shall consist of twenty-one (21) persons, ten of whom shall be selected by the Industrial Advisory Board of the National Recovery Administration from nominations of the Construction Code Authority and ten shall be selected by the Labor Advisory Board of the National Recovery Administration from nominations of the construction employee organizations, the selection in each case to be subject to the approval of the Administrator, and one person to act as disinterested chairman to be selected by the President upon the recommendation of the Administrator." and Whereas , the Administrator has recommended the appointment of Mr. Sullivan W. Jones to act as such chairman; Now, Therefore, I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by the above-quoted provision do hereby appoint Mr. Sullivan W. Jones to act as disinterested Chairman of the National Construction Planning and Adjustment Board during the pleasure of the Administrator. FRANKLIN D. ROOSEVELT The White House, June 6, 1934.
Executive Order 6731 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 6731-A—Code of Fair Competition for the Construction Industry
Executive Brief • At a Glance
⏱️ 1 min read (223 words) •
● In Effect
🎯 Primary Mandate
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by the above-quoted provision do hereby appoint Mr. Sullivan W. Jones to act as disinterested Chairman of the National Construction Planning and Adjustment Board during the pleasure of the Administrator.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
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 June 6, 1934, this order concerns Code of Fair Competition for the Construction Industry. I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by the above-quoted provision do hereby appoint Mr. Sullivan W. Jones to act as disinterested Chairman of the National Construction Planning and Adjustment Board during the pleasure of the Administrator.
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
▪
I, Franklin D. Roosevelt , President of the United States, pursuant to the authority vested in me by the above-quoted provision do hereby appoint Mr. Sullivan W. Jones to act as disinterested Chairman of the National Construction Planning and Adjustment Board during the pleasure of the Administrator.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
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
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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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Moderate Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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
223
1,457 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
18.4
Post-Graduate Legal
Text size:
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📜 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 hereby find: 1.
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Scholarly & Legal Citations
Exec. Order No. 6731 (June 6, 1934), https://executiveordersarchive.org/orders/app-executive-order-6731-code-fair-competition-for-the-construction-industry.
