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Executive Order 6928 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 6928—Amendment of Executive Order No. 6657-A of March 27, 1934 as Amended

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Monday, December 24, 1934
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6 min read (1,256 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,256 words) • ● In Effect
🎯 Primary Mandate

Executive Order No. 6657-A of March 27, 1934, as amended, prescribing regulations for payment of losses sustained by officers, enlisted men, and employees of the United States in foreign countries on account of appreciation of foreign currencies in their relation to the American dollar, is hereby amended to read as follows: By virtue of and pursuant to the authority vested in me by the act of March 26, 1934, ch. 87, 48 Stat. 466, I hereby prescribe the following regulations, which shall apply to all officers, enlisted men, and employees of the United States while in service in foreign countries: DEFINITION 1.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

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 December 24, 1934, this order concerns Amendment of Executive Order No. 6657-A of March 27, 1934 as Amended. Executive Order No. 6657-A of March 27, 1934, as amended, prescribing regulations for payment of losses sustained by officers, enlisted men, and employees of the United States in foreign countries on account of appreciation of foreign currencies in their relation to the American dollar, is hereby amended to read as follows: By virtue of and pursuant to the authority vested in me by the act of March 26, 1934, ch.…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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Executive Order No. 6657-A of March 27, 1934, as amended, prescribing regulations for payment of losses sustained by officers, enlisted men, and employees of the United States in foreign countries on account of appreciation of foreign currencies in their relation to the American dollar, is hereby amended to read as follows: By virtue of and pursuant to the authority vested in me by the act of March 26, 1934, ch. 87, 48 Stat. 466, I hereby prescribe the following regulations, which shall apply to all officers, enlisted men, and employees of the United States while in service in foreign countries: DEFINITION 1.

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The words in the act "while in service in foreign countries", for the purpose of these regulations, shall be understood to mean (a) while employed in of on assignment or detail to a post of duty in a foreign country, (b) while en route through a foreign country or to or from such post, (c) while, during such assignment or detail abroad, on leave of absence with pay in a foreign country, or, in connection with allowances for rent of living quarters maintained abroad during leave of absence or while under orders in the United States, (d) while traveling in foreign countries under official orders, or (e) while attached to and serving on board United States vessels stationed in foreign waters for not less than 60 consecutive days.

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The purpose of these regulations is to provide for reimbursement to officers, enlisted men, and employees of the United States (hereinafter referred to as employees), for losses sustained from appreciation of foreign currencies in their relation to the American dollar, as authorized under the aforesaid act.

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In case of employees serving under the War and Navy Departments (with the exception of military and naval attachés and other employees attached to their offices, who shall be governed by paragraph (a) of this section), the loss is that calculated on the basis of conversion into foreign currency of the employee's net pay and allowances.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Financial Institutions & Monetary Authorities
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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)
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"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

"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: Strong Prerogative Support
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
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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
50 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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
1,256
7,751 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
8.5
Grade 9
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Executive Order No. 6657-A of March 27, 1934, as amended, prescribing regulations for payment of losses sustained by officers, enlisted men, and employees of the United States in foreign countries on account of appreciation of foreign currencies in their relation to the American dollar, is hereby amended to read as follows: By virtue of and pursuant to the authority vested in me by the act of March 26, 1934, ch. 87, 48 Stat. 466, I hereby prescribe the following regulations, which shall apply to all officers, enlisted men, and employees of the United States while in service in foreign countries: DEFINITION 1. The words in the act "while in service in foreign countries", for the purpose of these regulations, shall be understood to mean (a) while employed in of on assignment or detail to a post of duty in a foreign country, (b) while en route through a foreign country or to or from such post, (c) while, during such assignment or detail abroad, on leave of absence with pay in a foreign country, or, in connection with allowances for rent of living quarters maintained abroad during leave of absence or while under orders in the United States, (d) while traveling in foreign countries under official orders, or (e) while attached to and serving on board United States vessels stationed in foreign waters for not less than 60 consecutive days. PURPOSE OF REGULATIONS 2. The purpose of these regulations is to provide for reimbursement to officers, enlisted men, and employees of the United States (hereinafter referred to as employees), for losses sustained from appreciation of foreign currencies in their relation to the American dollar, as authorized under the aforesaid act. METHOD OF COMPUTATION OF PAYMENT OF LOSSES 3. (a) The loss above referred to is that calculated on the basis of conversion into foreign currency of the employee's net salary and net allowances, except as provided in paragraphs (b), (c), (d), and (e) of this section. (b) In case of employees serving under the War and Navy Departments (with the exception of military and naval attachés and other employees attached to their offices, who shall be governed by paragraph (a) of this section), the loss is that calculated on the basis of conversion into foreign currency of the employee's net pay and allowances. (c) In case of employees traveling in foreign countries under official orders, not employed in or on assignment or detail to a post of duty in a foreign country, no part of the employee's salary not converted for expenditure abroad shall be included in the loss referred to for the purposes of these regulations. (d) In case of & foreign country in which the loss cannot be calculated on the basis of conversion into the currency of that country but, in consequence of local law or regulation, is required to be calculated on the basis of the appreciation in relation to the dollar of a noncirculating monetary unit in which prices of commodities and services are quoted but not payable— the dollar itself being used in payment therefor the loss is authorized to be computed on that basis. (e) In case of employees employed in or on assignment or detail to posts in countries having local laws and regulations preventing or limiting, subsequent to April 1, 1934, conversion of local currency into foreign exchange, their net salary and net allowances while they are at their post of duty in such country may be converted in a country other than that in which they are stationed and the losses so sustained since April 1, 1934, or hereafter sustained thereon, shall be reimbursed, but in no case in an amount greater than would have been reimbursable had the net salary and net allowances been converted at the post of duty. (f) In case of employees who sustained losses arising from the conversion of salaries or allowances (including those paid from fees either in foreign or American currency) during the period from July 15, 1933, to the effective date of this order, the losses shall be calculated as provided in paragraphs (a), (b), (c), (d), and (e) of this section. Claim for reimbursement for such loss shall be accompanied by the best evidence, available to the employee, of the rate at which conversion was made. (g) As used in this section: The term "net salary" means the base salary less any deductions for contribution to the retirement or other fund, or on account of percentage deductions in compensation. The term "net allowances" means allowances paid to the employee. The term "net pay and allowances" means the employee's full pay, including extra or additional pay, and all allowances (other than those furnished in kind) less deductions therefrom on account of allotments, fines and forfeitures, clothing, hospital, Civil Service Retirement Fund, percentage deductions in compensation, and other sundry checkages. BASIC EXCHANGE RATES FOR COMPUTATION OF LOSSES 4. For the basis of computation of losses as referred to in the aforesaid act, the following rates are prescribed as the basic rates for foreign currencies: COUNTRY MONETARY UNIT BASIC RATE Albania Gold Fr. 19.28 Argentina Peso 34.37 Austria Schilling 13.36 Belgium Belga 13.92 Bolivia Boliviano 31.31 Brazil Milreis 9.51 Bulgaria Lev .72 Canada Dollar 95.93 Chile Peso 9.46 China Yuan 31.18 Colombia Peso 96.22 Costa Rica Colon 24.56 Cuba Peso 99.95 Czechoslovakia Koruna 2.96 Danzig Gulden 19.44 Denmark Krone 24.27 Dominican Republic Dollar 100.00 Ecuador Sucre 19.37 Egypt Pound 456.53 El Salvador Colon 46.52 Estonia Kroon 26.66 Ethiopia M. T. Dollar 33.42 Finland Markka 2.25 France Franc 3.92 France (Possessions) Algiers Franc 3.92 Martinique Franc 3.92 Saigon Franc 3.92 Tahiti Franc 3.92 Tunis Franc 3.92 Germany Reichsmark 23.77 Great Britain Pound 445.17 Great Britain (Possessions) Aden Rupee 32.88 Australia Pound 400.19 Barbados Dollar 93.02 Belize Dollar 100.00 Colombo Rupee 33.14 Gibraltar Pound 445.30 Hamilton, Bermuda Pound 436.42 Hong Kong Dollar 34.38 India Rupee 33.21 Kingston, Jamaica Pound 440.68 Lagos Pound 440.36 Malta Pound 443.05 Nairobi Pound 445.29 Nassau Pound 441.25 Newfoundland Dollar 95.93 New Zealand Pound 424.04 Penang Dollar 51.36 Singapore Dollar 51.36 Trinidad Dollar 91.38 Greece Drachma 1.17 Guatemala Quetzal 100.00 Haiti Gourde 20.00 Honduras Lempira 50.00 Hungary Pengo 16.31 Iraq Pound 432.35 Irish Free State Pound 442.79 Italy Lira 5.20 Japan Yen 42.47 Latvia Lat 19.29 Liberia Pound 436.82 Lithuania Litas 10.00 Luxemburg Franc 2.70 Mexico Peso 41.70 Morocco Franc 3.91 Netherlands Florin 40.22 Netherlands (Possessions) Batavia Florin 40.22 Curaçao Florin 40.22 Medan Florin 40.22 Surabaya Florin 40.22 Nicaragua Cordoba 100.00 Norway Krone 24.18 Palestine Pound 427.92 Panama Balboa 100.00 Paraguay Peso 1.80 Persia Rial 6.28 Peru Sol 33.52 Poland Zloty 11.19 Portugal Escudo 4.10 Portugal (Possessions) Lourenço Marques Mozambique Escudo 4.25 Rumania Leu .59 Siam Baht 42.04 Spain Peseta 11.67 Sweden Krona 24.40 Switzerland Gold franc 19.35 Syria Syrian Pound 78.62 Turkey Lira 48.01 Union of South Africa Pound 474.50 Uruguay Peso 75.13 U.S.S.R. Ruble 51.74 Venezuela Bolivar 17.70 Yugoslavia Dinar 1.72 Yunnanfu Piaster 38.00 METHOD OF PAYMENT TO EMPLOYEES 5. From and after the effective date of this order, each employee shall be entitled to receive in foreign currency such amount as he would have received by converting into such foreign currency, at the basic rates specified in section 4, his net salary and net allowances, or his net pay and allowances, as provided in section 3. EFFECTIVE DATE 6. This order shall take effect as of January 1, 1935, and shall be retroactive to July 15, 1933, as to the basic rates for Newfoundland and Trinidad. FRANKLIN D. ROOSEVELT The White House, December 24, 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. 6928 (Dec. 24, 1934), https://executiveordersarchive.org/orders/app-executive-order-6928-amendment-executive-order-no-6657-march-27-1934-amended.