Whereas , Executive Order No. 6828 of August 21, 1934, approved, among other amendments of the Code of Fair Competition for the Cotton Garment Industry, amendments of Articles III and IV, which amendments by their terms are not to go into effect until October 1, 1934, and; Whereas , a reorganization of the National Recovery Administration has just been effected and there are pending before the newly appointed National Industrial Recovery Board protests by the Cotton Garment Code Authority and by various members of the industry against said amendments to Articles III and IV, and it appears that said Board should have an adequate opportunity to investigate the facts and make its recommendations thereon, and; Whereas , said protestants have stated that if an impartial committee were appointed to determine the issues involved in the protest, they would abide by its conclusions; Now, Therefore , by virtue of and pursuant to the authority vested in me by Title I of the National Industrial Recovery Act of June 16, 1933 (c. 90, 48 Stat. 195), and in order to effectuate the purposes of said title, I hereby order: 1. 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. That the National Industrial Recovery Board shall forthwith appoint a committee of three impartial persons who have not heretofore formed an opinion concerning the subject matter of said amendments, which committee shall hear said protests, investigate the facts and report its recommendations on or before October 10, 1934. 3. That the National Industrial Recovery Board shall immediately transmit said recommendations to me. This order is made upon the understanding that the protestants will accept as final and will abide by such decision and order as I shall make on or before October 15, 1934, after consideration of said recommendations. FRANKLIN D. ROOSEVELT The White House, September 28, 1934.
Executive Order 6861 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 1st Amend: Civil Liberties & Expressive Protections
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
Executive Brief • At a Glance
⏱️ 2 min read (325 words) •
● In Effect
🎯 Primary Mandate
That the National Industrial Recovery Board shall forthwith appoint a committee of three impartial persons who have not heretofore formed an opinion concerning the subject matter of said amendments, which committee shall hear said protests, investigate the facts and report its recommendations on or before October 10, 1934. 3.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 1st Amend: Civil Liberties & Expressive Protections
🏛️ 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 September 28, 1934, this order concerns Staying Certain Amendments to the Code of Fair Competition for the Cotton Garment Industry Approved by Executive Order No. 6828 of August 21, 1934. 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. That the National Industrial Recovery Board shall forthwith appoint a committee of three impartial persons who have not heretofore formed an opinion concerning the subject matter of said amendments, which committee shall hear said protests, investigate the…
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
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That the National Industrial Recovery Board shall forthwith appoint a committee of three impartial persons who have not heretofore formed an opinion concerning the subject matter of said amendments, which committee shall hear said protests, investigate the facts and report its recommendations on or before October 10, 1934. 3.
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This order is made upon the understanding that the protestants will accept as final and will abide by such decision and order as I shall make on or before October 15, 1934, after consideration of said recommendations.
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 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
35 / 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
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
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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
325
1,987 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.6
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 • 1934-10-12
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 6828 Aug 21, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6828—Approving Amendments to Code of Fair Competition For the Cotton Garment Industry
📜 Art. II §1: Executive Discretion & Internal Operations
The said amendments be and they are hereby approved, and that a previous order of approval of said Code is hereby modified to include an approval of said Code in its entirety as amended, such approval to take effect fourteen (14) days from the date hereof unless good cause to…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6860 Sep 27, 1934
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
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.
📜 10th Amend: Intergovernmental Federalism Cooperation
The said Agreement is hereby approved. FRANKLIN D. ROOSEVELT Approval Recommended: Hugh S Johnson Administrator for Industrial Recovery. The White House, September 27, 1934.
Franklin D. Roosevelt Post-Graduate Legal • 1m
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 6862 Sep 30, 1934
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6862—Exemption of George G. Hedgcock from Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt George G. Hedgcock from the provisions thereof and continue him in the service until November 1, 1935.
Franklin D. Roosevelt College Level • 1m
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
📜
Scholarly & Legal Citations
Exec. Order No. 6861 (Sept. 28, 1934), https://executiveordersarchive.org/orders/app-executive-order-6861-staying-certain-amendments-the-code-fair-competition-for-the-cotton.
