★
Executive Orders Historical Archive
Cite
Executive Order 6870 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 6870-A—Modifying Order Approving Code of Fair Competition for the Needlework Industry in Puerto Rico to Alter the Constitution of the Puerto Rican Needlework Commission

•
Thursday, October 11, 1934
•
2 min read (358 words)

Executive Brief • At a Glance

⏱️ 2 min read (358 words) • ● In Effect
🎯 Primary Mandate

APPROVED CODE NO. 474—CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY IN PUERTO RICO AS APPROVED ON JUNE 28, 1934 The Executive Order of June 28th approving the Code of Fair Competition for the Needlework Industry in Puerto Rico provided, in part in the fourth condition of approval, as follows: "That there shall be appointed by the Administrator for Industrial Recovery, within ten days after the effective date hereof, a Puerto Rican Needlework Commission consisting of three persons: one of wdiom shall bo nominated by the Code Authority for the Needlework Industry in Puerto Rico, another of whom shall be nominated by the several Code Authorities of related industries in continental United States, and a third person to serve as…

⚖️ 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 October 11, 1934, this order concerns Modifying Order Approving Code of Fair Competition for the Needlework Industry in Puerto Rico to Alter the Constitution of the Puerto Rican Needlework Commission. APPROVED CODE NO. 474—CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY IN PUERTO RICO AS APPROVED ON JUNE 28, 1934 The Executive Order of June 28th approving the Code of Fair Competition for the Needlework Industry in Puerto Rico provided, in part in the fourth condition of approval, as follows: "That there shall be appointed by the Administrator for Industrial Recovery, within ten days after the effective date…

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

▪

APPROVED CODE NO. 474—CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY IN PUERTO RICO AS APPROVED ON JUNE 28, 1934 The Executive Order of June 28th approving the Code of Fair Competition for the Needlework Industry in Puerto Rico provided, in part in the fourth condition of approval, as follows: "That there shall be appointed by the Administrator for Industrial Recovery, within ten days after the effective date hereof, a Puerto Rican Needlework Commission consisting of three persons: one of wdiom shall bo nominated by the Code Authority for the Needlework Industry in Puerto Rico, another of whom shall be nominated by the several Code Authorities of related industries in continental United States, and a third person to serve as…

▪

Now, Therefore , I, Franklin Delano 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 order that the abovequoted provision be and it is hereby revised to read as follows: "That there shall be established a Puerto Rican Needlework Commission consisting of four members who shall be appointed by the National Industrial Recovery Board as follow's: one member to represent the Needlework Industry in Puerto Rico, on the nomination of the Code Authority for that industry, who shall have one vote; two members to represent the related industries in the continental United States, to be selected by the National Industrial…

Constitutional & Societal Entities Impacted

🏛️ Executive Branch Departments 🏛️ General Body of the People

Policy Areas & Topics

🏛️

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 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
📐

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

Legislative Encroachment & Purse

Low Friction

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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%).
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
358
2,251 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
28.5
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

APPROVED CODE NO. 474—CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY IN PUERTO RICO AS APPROVED ON JUNE 28, 1934 The Executive Order of June 28th approving the Code of Fair Competition for the Needlework Industry in Puerto Rico provided, in part in the fourth condition of approval, as follows: "That there shall be appointed by the Administrator for Industrial Recovery, within ten days after the effective date hereof, a Puerto Rican Needlework Commission consisting of three persons: one of wdiom shall bo nominated by the Code Authority for the Needlework Industry in Puerto Rico, another of whom shall be nominated by the several Code Authorities of related industries in continental United States, and a third person to serve as chairman, shall be nominated by the National Recovery Administration." It having been found by the National Industrial Recovery Board that the several Code Authorities of the related industries in the continental United States cannot agree upon a nominee for this Commission, and the said Board having recommended, in its report to me which is approved and attached hereto, a modification of the above-quoted provision. Now, Therefore , I, Franklin Delano 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 order that the abovequoted provision be and it is hereby revised to read as follows: "That there shall be established a Puerto Rican Needlework Commission consisting of four members who shall be appointed by the National Industrial Recovery Board as follow's: one member to represent the Needlework Industry in Puerto Rico, on the nomination of the Code Authority for that industry, who shall have one vote; two members to represent the related industries in the continental United States, to be selected by the National Industrial Recovery Board from the nominations made by the Code Authorities for such industries, each of whom shall have one-half vote; one member to serve as impartial chairman, who shall have one vote." FRANKLIN D. ROOSEVELT Approval Recommended: The National Industrial Recovery Board By G. A. Lynch, Administrative Officer The White House, Oct 11, 1934.

📜

Scholarly & Legal Citations

Exec. Order No. 6870 (Oct. 11, 1934), https://executiveordersarchive.org/orders/app-executive-order-6870-modifying-order-approving-code-fair-competition-for-the-needlework.