By virtue of the authority vested in me by the National Industrial Recovery Act, approved June 16, 1933, and to effectuate the purposes of said act and further to effectuate the purposes of the Executive order of July 11, 1933, appointing a temporary Executive Council and the Executive order of November 17, 1933, creating a National Emergency Council: 1. I hereby appoint Donald R. Richberg to serve (without compensation except as hereinafter provided) as executive secretary of the Executive Council and as Executive Director of the National Emergency Council from and after July 1, 1934, until further order and during the absence of Frank C. Walker, who is hereby, at his request, temporarily relieved from the duties of said offices. 2. I hereby create an Industrial Emergency Committee, which shall be composed of: The Secretary of the Interior, The Secretary of Labor, The Administrator for Industrial Recovery, The Administrator of Federal Emergency Relief and a Director to be appointed by the President. It shall be the duty of said Industrial Emergency Committee to make recommendations to the President, through its director, with respect to problems of relief, public works, labor disputes and industrial recovery and to study and coordinate the handling of joint problems affecting these activities. 3. I hereby appoint Donald R. Richberg Director of said Industrial Emergency Committee and direct that he be given leave of absence as general counsel of the National Recovery Administration until September 1, with pay, in order that he may fulfill the duties of the positions to which he is hereby appointed and such further functions and duties as shall be prescribed by the President. FRANKLIN D. ROOSEVELT The White House, June 30, 1934.
Executive Order 6770 ⚖️⚠️ Zone 3: Lowest Ebb Constitutional Friction / Overreach (-0.19)
📜 Art. I §8: Legislative Prerogative Tension (Purse & Commerce)
Executive Order 6770—Creating the Industrial Emergency Committee
Executive Brief • At a Glance
⏱️ 1 min read (281 words) •
● In Effect
🎯 Primary Mandate
I hereby appoint Donald R. Richberg to serve (without compensation except as hereinafter provided) as executive secretary of the Executive Council and as Executive Director of the National Emergency Council from and after July 1, 1934, until further order and during the absence of Frank C. Walker, who is hereby, at his request, temporarily relieved from the duties of said offices. 2.
⚖️ Constitutional Footing
⚖️⚠️ Zone 3: Lowest Ebb
Incompatible with Expressed Will of Congress or High Friction
📜 Art. I §8: Legislative Prerogative Tension (Purse & Commerce)
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises 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 30, 1934, this order concerns Creating the Industrial Emergency Committee. By virtue of the authority vested in me by the National Industrial Recovery Act, approved June 16, 1933, and to effectuate the purposes of said act and further to effectuate the purposes of the Executive order of July 11, 1933, appointing a temporary Executive Council and the Executive order of November 17, 1933, creating a National Emergency Council: 1.
Constitutional Assessment: An early statesman would subject this decree to rigorous scrutiny under Article I, Section 8. The Framers deliberately committed commerce, taxation, tariffs, and revenue to Congress alone. To the extent this order imposes duties or financial burdens without explicit statutory pre-authorization, it creates friction with the separation of powers.
Key Directives & Operative Actions
▪
I hereby appoint Donald R. Richberg to serve (without compensation except as hereinafter provided) as executive secretary of the Executive Council and as Executive Director of the National Emergency Council from and after July 1, 1934, until further order and during the absence of Frank C. Walker, who is hereby, at his request, temporarily relieved from the duties of said offices. 2.
▪
I hereby create an Industrial Emergency Committee, which shall be composed of: The Secretary of the Interior, The Secretary of Labor, The Administrator for Industrial Recovery, The Administrator of Federal Emergency Relief and a Director to be appointed by the President.
▪
It shall be the duty of said Industrial Emergency Committee to make recommendations to the President, through its director, with respect to problems of relief, public works, labor disputes and industrial recovery and to study and coordinate the handling of joint problems affecting these activities. 3.
▪
I hereby appoint Donald R. Richberg Director of said Industrial Emergency Committee and direct that he be given leave of absence as general counsel of the National Recovery Administration until September 1, with pay, in order that he may fulfill the duties of the positions to which he is hereby appointed and such further functions and duties as shall be prescribed by the President.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
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 3 (Lowest Ebb)
§
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Incompatible with Expressed Will of Congress or High Friction
JM
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
Madisonian Stance: Strict Dissent (Overreach)
AH
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.
Hamiltonian Stance: Qualified Caution
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: Vehement Objection
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚠️ Elevated Constitutional Friction
64 / 100 friction index
Dimension 1 • Art. I, §1 & §8
High Friction
Legislative Encroachment & Purse
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
High Friction
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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
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
High Friction
Youngstown Jacksonian Tier
The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
Benchmark: Incompatible with Expressed Will of Congress or High Friction
⚖️
Audit Synthesis
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
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
281
1,757 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
18.3
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Franklin D. Roosevelt • 1934-08-31
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 6790 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6790—Code of Fair Competition for the Auction and Loose-Leaf Tobacco Warehouse 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 hereby find: 1.
Franklin D. Roosevelt College Level • 2m
EO 6789 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6789—Authorizing the Alaska Railroad to Engage in Coastwise and Ocean Transportation
📜 Art. II §1: Executive Discretion & Internal Operations
The Alaska Railroad is hereby authorized and directed to charter any or all vessels which may be required, and to perform any and all acts necessary for the operation of such vessels for transporting passengers and freight to and from any or all accessible portions of the…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6788 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6788—Amendment of Executive Order No. 6474 of December 4, 1933, of Executive Order No. 6576 of January 25, 1934, and of Executive Order No. 6683 of April 19, 1934
📜 Art. II §1: Executive Discretion & Internal Operations
Paragraph (3) of Executive Order No. 6474, of December 4, 1933, relating to the establishment of the Federal Alcohol Control Administration, etc., as amended by Executive Order No. 6576, of January 25, 1934, and by Executive Order No. 6683 of April 19, 1934, is hereby amended…
Franklin D. Roosevelt High School • 1m
EO 6787 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6787—Amendment of Executive Order No. 6208, of July 21, 1933, Entitled "Purchase of Forest Lands for Emergency Conservation Work"
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 6208, of July 21, 1933, allocating funds for the purchase of forest lands for emergency conservation work, from the appropriation for National Industrial Recovery made by the Fourth Deficiency Act, fiscal year 1933, is hereby amended by adding thereto the…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6786 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6786—Transfer of Lands From the Klamath National Forest to the Shasta National Forest
📜 Art. II §1: Executive Discretion & Internal Operations
All lands of the Klamath National Forest as defined by proclamation of June 30, 1911 (37 Stat. 1707), lying to the east of the range line between townships 4 and 5 west, beginning at the northwest corner of township 43 north, range 4 west, Mount Diablo meridian, be, and they…
Franklin D. Roosevelt High School • 1m
EO 6785 Jun 30, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6785—Delegation of Authority to the Secretary of the Interior Under Section 9 of the National Industrial Recovery Act
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby designate and appoint the Secretary of the Interior to exercise on my behalf and in my stead all the functions and powers vested in me by subdivisions (a) and (b) of section 9 of the said act.
Franklin D. Roosevelt High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6770 (June 30, 1934), https://executiveordersarchive.org/orders/app-executive-order-6770-creating-the-industrial-emergency-committee.
