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Executive Order 6746 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 6746—Rates of Compensation of Government Employees in Emergency Agencies, Etc., Not Subject to the Classification Act as Amended

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Thursday, June 21, 1934
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4 min read (817 words)

Executive Brief • At a Glance

⏱️ 4 min read (817 words) • ● In Effect
🎯 Primary Mandate

The heads of existing emergency agencies and of those hereafter created and (except the heads of executive departments and independent establishments) the heads of all other agencies operated in whole or in part from emergency funds, the compensation of the employees of which may be fixed without regard to the Classification Act of 1923, as amended, shall, unless otherwise specifically authorized by me, classify the positions of the employees of their respective agencies now in the service or hereafter appointed in accordance with the following salary schedule and adjust and fix the rates of compensation therefor at amounts not in excess of those prescribed therein for the corresponding grades: SALARY SCHEDULE Grade Salary Corresponding…

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Private Citizens & Property Owners Public Health & Medical Institutions

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 21, 1934, this order concerns Rates of Compensation of Government Employees in Emergency Agencies, Etc., Not Subject to the Classification Act as Amended. The heads of existing emergency agencies and of those hereafter created and (except the heads of executive departments and independent establishments) the heads of all other agencies operated in whole or in part from emergency funds, the compensation of the employees of which may be fixed without regard to the Classification Act of 1923, as amended, shall, unless otherwise specifically authorized by me, classify…

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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The heads of existing emergency agencies and of those hereafter created and (except the heads of executive departments and independent establishments) the heads of all other agencies operated in whole or in part from emergency funds, the compensation of the employees of which may be fixed without regard to the Classification Act of 1923, as amended, shall, unless otherwise specifically authorized by me, classify the positions of the employees of their respective agencies now in the service or hereafter appointed in accordance with the following salary schedule and adjust and fix the rates of compensation therefor at amounts not in excess of those prescribed therein for the corresponding grades: SALARY SCHEDULE Grade Salary Corresponding…

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CAF-15. 19 Over $8,000------ P-9 CAF-16 (over $9,000) The positions of employees in executive departments and independent establishments who are paid from emergency funds shall be classified under the provisions of the Classification Act of 1923, as amended: Provided , That the heads of such departments and establishments may elect to fix such rates of compensation either under the said Classification Act or in accordance with the salary schedule prescribed in this order.

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All classifications made pursuant to this order, except those made in accordance with the provisions of the Classification Act of 1923, as amended, shall be subject to review and revision by the Civil Service Commission upon the request of the executive council.

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In the event any classification made by tho head of a department or an agency pursuant to this order is revised by the Civil Service Commission, the revised classification shall be final and effective beginning the first day of the first month after such revision is reported by the executive council to the head of the department or agency concerned.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
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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 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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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
52 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Low Friction

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

Youngstown Jacksonian Tier

Moderate Friction

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%).
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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
817
5,294 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
12.3
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of and pursuant to the authority vested in me as President of the United States, it is hereby ordered that the heads of existing emergency agencies and of those hereafter created and (except the heads of executive departments and independent establishments) the heads of all other agencies operated in whole or in part from emergency funds, the compensation of the employees of which may be fixed without regard to the Classification Act of 1923, as amended, shall, unless otherwise specifically authorized by me, classify the positions of the employees of their respective agencies now in the service or hereafter appointed in accordance with the following salary schedule and adjust and fix the rates of compensation therefor at amounts not in excess of those prescribed therein for the corresponding grades: SALARY SCHEDULE Grade Salary Corresponding services and grades under amended Classification Act 1 $840-------------- Cu-1 ($600). 2 $1,080------------ Cu-2. 3 $1,260------------ CAF-1. SP-2. 4 $1,440------------ CAF-2. SP-3. 5 $1,620------------ CAF-3. SP-4. 6 $1,800------------ CAF-4. SP-5. 7 $2,000------------ P-1; CAF-5. Cu-8; SP-6. 8 $2,300------------ CAF-6. Cu-9; SP-7. 9 $2,600------------ P-2; CAF-7. Cu-10; SP-8. 10 $2,900------------ CAF-8. 11 $3,200------------ P-3. CAF-9. 12 $3,600------------ CAF-10 ($3,500) 13 $4,000------------ P-4. CAF-11. ($3,800) 14 $4,500------------ P-5. CAF-12. ($4,600) 15 $5,200------------ P-6. CAF-13. ($5,600) 16 $6,000------------ P-7. CAF-14. ($6,500) 17 $6,800------------ 18 $8,000------------ P-8. CAF-15. 19 Over $8,000------ P-9 CAF-16 (over $9,000) The positions of employees in executive departments and independent establishments who are paid from emergency funds shall be classified under the provisions of the Classification Act of 1923, as amended: Provided , That the heads of such departments and establishments may elect to fix such rates of compensation either under the said Classification Act or in accordance with the salary schedule prescribed in this order. All classifications made pursuant to this order, except those made in accordance with the provisions of the Classification Act of 1923, as amended, shall be subject to review and revision by the Civil Service Commission upon the request of the executive council. In the event any classification made by tho head of a department or an agency pursuant to this order is revised by the Civil Service Commission, the revised classification shall be final and effective beginning the first day of the first month after such revision is reported by the executive council to the head of the department or agency concerned. The following are hereby excepted from the provisions of this order: (1) All employees of the Tennessee Valley Authority and its affiliates. (2) All employees of the Office of tho Federal Coordinator of Transportation. (3) All common, unskilled, skilled, or semi-skilled laborers, skilled tradesmen such as machinists, plumbers, steamitters, carpenters, painters, etc., and the foremen of single groups of such employees, and seamen and ship's officers, whose rates of compensation, under existing laws and practice, are fixed by labor wage boards, or at local wage rates as determined under authority of law by the heads of the agencies concerned. (4) All enrollees of Emergency Conservation Work camps. (5) All employees of the Federal Civil Works Administration and the Federal Emergency Relief Administration except the clerical and administrative personnel employed in the central offices of the said Administrations in the District of Columbia. (6) All other persons engaged in employment similar to that of the classes of employees described in (3), (4), and (5), supra, or employed under similar circumstances. (7) All employees engaged upon the educational program of the Emergency Conservation Work. (8) All employees of the Regional Agricultural Credit Corporations. In all cases not subject to the provisions of section 2, title II, of the act of March 20, 1933 (ch. 3, 48 Stat. 8, 12), as amended by section 21, title II, of the act of March 28, 1934 (Public, No. 141, 73d Cong.), the rates payable to employees subject to the provisions of this order shall be the rates fixed within the respective grades decreased by the amount, if any, by which such rate would be reduced pursuant to the provisions of said section 2 if such section were applicable. Every appointment hereafter made shall stipulate that the rate to be paid thereunder shall be the appropriate grade rate specified therein less the amount, if any, by which such rate would be reduced pursuant to the provisions of said section 2 if such section were applicable. All adjustments in rates of compensation made pursuant to this order shall be reported to the executive council and shall become effective beginning the first day of the first month subsequent to that in which such report is made. The term "adjustments" as used herein shall include increases as well as decreases in rates of compensation, and the term "employees" shall include officers. This order supersedes Executive Orders Numbers 6440, 6554, and 6622, dated November 18, 1933, January 10, 1934, and March 1, 1934, respectively. FRANKLIN D. ROOSEVELT The White House, June 21, 1934.

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Referenced By Later Executive Orders (6)

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

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Scholarly & Legal Citations

Exec. Order No. 6746 (June 21, 1934), https://executiveordersarchive.org/orders/app-executive-order-6746-rates-compensation-government-employees-emergency-agencies-etc-not.