It is hereby ordered that there be exempted from the operation of Executive Order No. 6746 of June 21, 1934, the positions of consultants, experts, specialists, attorneys and other similar positions, the incumbents of which are intermittently employed on a per diem basis or employed on an annual basis at amounts representing the value of part-time service required, and who are or have been paid from the public works fund or other emergency funds administered by the Secretary of the Interior and the Administrator of Public Works, available during the fiscal year 1935. FRANKLIN D. ROOSEVELT The White House, January 25, 1935.
Executive Order 6953 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 6953—Exempting Certain Positions from Salary Classification
Executive Brief • At a Glance
⏱️ 1 min read (102 words) •
● In Effect
🎯 Primary Mandate
There be exempted from the operation of Executive Order No. 6746 of June 21, 1934, the positions of consultants, experts, specialists, attorneys and other similar positions, the incumbents of which are intermittently employed on a per diem basis or employed on an annual basis at amounts representing the value of part-time service required, and who are or have been paid from the public works fund or other emergency funds administered by the Secretary of the Interior and the Administrator of Public Works, available during the fiscal year 1935.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Private Citizens & Property Owners
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 January 25, 1935, this order concerns Exempting Certain Positions from Salary Classification. There be exempted from the operation of Executive Order No. 6746 of June 21, 1934, the positions of consultants, experts, specialists, attorneys and other similar positions, the incumbents of which are intermittently employed on a per diem basis or employed on an annual basis at amounts representing the value of part-time service required, and who are or have been paid from the public works fund or other emergency…
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
▪
There be exempted from the operation of Executive Order No. 6746 of June 21, 1934, the positions of consultants, experts, specialists, attorneys and other similar positions, the incumbents of which are intermittently employed on a per diem basis or employed on an annual basis at amounts representing the value of part-time service required, and who are or have been paid from the public works fund or other emergency funds administered by the Secretary of the Interior and the Administrator of Public Works, available during the fiscal year 1935.
Constitutional & Societal Entities Impacted
🏛️ Private Citizens & Property Owners
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 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
33 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
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
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
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
⚖️
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
102
630 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
18.3
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 6746 Jun 21, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6746—Rates of Compensation of Government Employees in Emergency Agencies, Etc., Not Subject to the Classification Act as Amended
📜 5th Amend: Regulatory Execution with Due Process
The heads of existing emergency agencies and of those hereafter created and (except the heads of executive departments and independent establishments) the heads of all other agencies operated in whole or in part from emergency funds, the compensation of the employees of which…
Franklin D. Roosevelt High School • 4m
EO 6952 Jan 24, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6952—Transfer of Funds to the Federal Emergency Relief Administration from Funds Allocated to the Federal Civil Works Administration
📜 Art. II §1: Executive Discretion & Internal Operations
There is hereby transferred to the Federal Emergency Relief Administration, to be available for expenditure during the fiscal year ending June 30, 1935, the sum of $30,000,000 from the sum of $450,000,000 heretofore allocated to the Federal Civil Works Administration from the…
Franklin D. Roosevelt High School • 1m
EO 6952 Jan 24, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6952-A—Code of Fair Competition for the Auto Rebuilding and Refinishing Trade
📜 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 adopt and approve the report, recommendations, and findings of the National Industrial…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 6951 Jan 24, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6951—Authorizing the Appointment of Mrs. Myrtle K. Brockway to a Clerical Position in the General Accounting Office Without Regard to Civil-Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Mrs. Myrtle K. Brockway may be appointed to a clerical position in the General Accounting Office without compliance with the civil-service rules.
Franklin D. Roosevelt High School • 1m
EO 6950 Jan 23, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6950—Extension of Period of Eligibility for Appointment as Officers in the Foreign Service
📜 Art. II §1: Executive Discretion & Internal Operations
Notwithstanding the provisions of article I, paragraph 3, section (h) of Consular Regulations, 1896, as amended by Executive Order No. 5642, of June 8, 1931, the period of eligibility of those candidates for appointment as Foreign Service officers whose names were on the…
Franklin D. Roosevelt College Level • 1m
EO 6953 Jan 28, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6953-A—Approving Agreement Between Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Painter, Paperhanger and Decorator Employees in the Region of Wheeling, West Virginia, and Vicinity
📜 Art. II §1: Executive Discretion & Internal Operations
The said Agreement is hereby approved, provided that the National Industrial Recovery Board may provide such exceptions and exemptions, with or without conditions for the granting thereof, as appear necessary to effectuate the policies and purposes of the Act, or of the Code of…
Franklin D. Roosevelt Post-Graduate Legal • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6953 (Jan. 25, 1935), https://executiveordersarchive.org/orders/app-executive-order-6953-exempting-certain-positions-from-salary-classification.
