A DIVISION OF THE CONSTRUCTION INDUSTRY An application having been duly made, pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for my approval of an Agreement between certain employers who are members of the Painting, Paperhanging and Decorating Division of said Code, and certain employees in the locality of Philadelphia County, Delaware County, and parts of Chester County and Montgomery County, all in the State of Pennsylvania, as defined in said Agreement, and hearings having been held thereon, and the Administrator having rendered his report containing an analysis of said Agreement, together with his recommendations and findings with respect thereto, and the Administrator having found that said Agreement complies in all respects with the pertinent provisions of Title I of said Act and of said Code. Now, Therefore, 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, pursuant to said Code of Fair Competition for the Construction Industry, and otherwise, do hereby adopt and approve the report, recommendations, and findings of the Administrator and do hereby order that the said Agreement is hereby approved. FRANKLIN D. ROOSEVELT Approval Recommended: Hugh S Johnson Administrator for Industrial Recovery. The White House, September 27, 1934.
Executive Order 6860 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 6860-A—Approving Agreement Between Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Their Painter Employees in and about Philadelphia, Pa.
Executive Brief • At a Glance
⏱️ 1 min read (241 words) •
● In Effect
🎯 Primary Mandate
The said Agreement is hereby approved.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities
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 September 27, 1934, this order concerns Approving Agreement Between Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Their Painter Employees in and about Philadelphia, Pa. The said Agreement is hereby approved. FRANKLIN D. ROOSEVELT Approval Recommended: Hugh S Johnson Administrator for Industrial Recovery. The White House, September 27, 1934.
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
▪
The said Agreement is hereby approved.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
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 1 (Maximum Authority)
§
"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
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
🛡️ High Constitutional Concordance
23 / 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
Low Friction
Youngstown Jacksonian Tier
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
241
1,553 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
24.4
Post-Graduate Legal
Text size:
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 6860 Sep 27, 1934
⚖️⚠️ Zone 3 (Lowest Ebb) Friction (-0.19)
Executive Order 6860—Amending Executive Order No. 6770, Which Created the Industrial Emergency Committee
📜 Art. I §8: Legislative Prerogative Tension (Purse & Commerce)
I hereby amend the Executive order of June 30, 1934, no. 6770, creating the Industrial Emergency Committee, and the Executive order of August 31, 1934, no. 6836, amending said order, to conform to the following orders: 1.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6859 Sep 27, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6859—Creating the National Industrial Recovery Board
📜 5th Amend: Regulatory Execution with Due Process
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: 1.
Franklin D. Roosevelt College Level • 1m
EO 6861 Sep 28, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6861—Staying Certain Amendments to the Code of Fair Competition for the Cotton Garment Industry Approved by Executive Order No. 6828 of August 21, 1934
📜 1st Amend: Civil Liberties & Expressive Protections
That said amendments to Articles III and IV of the Code of Fair Competition for the Cotton Garment Industry be stayed up to and including October 15, 1934. 2.
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 6858 Sep 26, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6858—Creation of the Textile Labor Relations Board, Etc.
📜 Art. II §2: Commander-in-Chief Supervisory Authority
There is hereby created in connection with the Department of Labor a board to be known as the "Textile Labor Relations Board" (hereinafter referred to as "the Board") which shall be composed of the following three "special commissioners": Judge Walter P. Stacy of North…
Franklin D. Roosevelt Post-Graduate Legal • 7m
EO 6857 Sep 25, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6857—Exemption of Herman M. Underwood from Compulsory Retirement for Age
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Exempt Herman M. Underwood from the provisions thereof and continue him in the service until February 1, 1935.
Franklin D. Roosevelt College Level • 1m
EO 6856 Sep 25, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6856—Revocation in Part of Executive Orders of March 1, 1912, and November 22, 1924, Creating Power-Site Reserves Nos. 242 and 759, Respectively
📜 Art. II §1: Executive Discretion & Internal Operations
The Executive order of March 1, 1912, creating power-site reserve no. 242, be, and it is hereby, revoked as to the following-described lands: Gila and Salt River Meridian T. 4 S., R. 29 E., sec. 13, SE¼SE¼.
Franklin D. Roosevelt Grade 7 • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6860 (Sept. 27, 1934), https://executiveordersarchive.org/orders/app-executive-order-6860-approving-agreement-between-members-the-division-the-painting.
