An application having been duly made in behalf of the Automobile Manufacturing Industry, pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and the provisions of the Code of Fair Competition for the Automobile Manufacturing Industry duly approved on August 26, 1933, for my approval of an amendment to said Code of Fair Competition for the Automobile Manufacturing Industry, and it having been found that the said proposed amendment complies in all respects with the pertinent provisions of Title I of said Act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of said Act have been met, and the National Industrial Recovery Board having made certain recommendations to me: 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, and otherwise, do order that the said application be and it is hereby approved, and that, effective immediately, the said Code of Fair Competition for the Automobile Manufacturing Industry be and it is hereby amended as follows: 1. In Article I, the seventh paragraph, which has heretofore read as follows: "The term 'expiration date' as used herein means February 1, 1935, or the earliest date prior thereto on wliich the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 of the National Industrial Recovery Act has ended." shall be modified to read as follows: "The term 'expiration date' as used herein means June 16, 1935, or the earliest date prior thereto on wliich the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 of the National Industrial Recovery Act has ended." 2. Work by any employe in excess of forty-eight hours in any week shall be paid for at the rate of time and one-half for such overtime. Any provision of said Code inconsistent herewith is hereby modified to conform to this requirement. This requirement shall not be construed to authorize or permit work in excess of forty-eight hours when such work is prohibited under any of the provisions of the code. 3. The members of the industry are requested and authorized to enter into agreements with one another with respect to Fall announcements of new models of passenger automobiles and the holding of automobile shows in the Fall of the year, as a means of facilitating regularization of employment in the industry. 4. The members of the industry will comply with the provisions and requirements for the settlement of labor controversies which were established by the government and have been in operation since March 1934, and which are hereby confirmed and continued. FRANKLIN D. ROOSEVELT The White House, January 31, 1935.
Executive Order 6955 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 6955—Amendment to Code of Fair Competition for the Automobile Manufacturing Industry
Executive Brief • At a Glance
⏱️ 2 min read (483 words) •
● In Effect
🎯 Primary Mandate
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 order that the said application be and it is hereby approved, and that, effective immediately, the said Code of Fair Competition for the Automobile Manufacturing Industry be and it is hereby amended as follows: 1.
⚖️ 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 January 31, 1935, this order concerns Amendment to Code of Fair Competition for the Automobile Manufacturing Industry. 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 order that the said application be and it is hereby approved, and that, effective immediately, the said Code of Fair Competition for the Automobile Manufacturing Industry be and it is hereby amended as follows: 1.
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
▪
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 order that the said application be and it is hereby approved, and that, effective immediately, the said Code of Fair Competition for the Automobile Manufacturing Industry be and it is hereby amended as follows: 1.
▪
In Article I, the seventh paragraph, which has heretofore read as follows: "The term 'expiration date' as used herein means February 1, 1935, or the earliest date prior thereto on wliich the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 of the National Industrial Recovery Act has ended." shall be modified to read as follows: "The term 'expiration date' as used herein means June 16, 1935, or the earliest date prior thereto on wliich the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 of the National Industrial Recovery Act has ended." 2.
▪
Work by any employe in excess of forty-eight hours in any week shall be paid for at the rate of time and one-half for such overtime.
▪
Any provision of said Code inconsistent herewith is hereby modified to conform to this requirement.
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 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
34 / 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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
483
2,927 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
23.1
Post-Graduate Legal
Text size:
Related Executive Orders
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §1: Executive Discretion & Internal Operations
I hereby approve said amendment and modify my previous approval of the Code of Fair Competition for the Distilled Spirits Rectifying Industry to include an approval of said Code in its entirety as hereby amended.
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Executive Order 6955-A—Amending Executive Order No. 6877 Providing Rules and Regulations for the Administration of Paragraph 2, of Section III, of the Wool Textile Code
📜 Art. II §1: Executive Discretion & Internal Operations
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📜 10th Amend: Intergovernmental Federalism Cooperation
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
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 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…
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §1: Executive Discretion & Internal Operations
The periods of trust on allotments made to Indians of the Colville Reservation, Washington, which, unless extended, would expire during the calendar year 1935, be, and they are hereby, extended for a further period of 10 years from the date on which any such trust would…
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EO 6961 Feb 4, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6961—Extension of Trust Periods on Allotments Made to Indians of the Klamath Reservation, Oregon
📜 Art. II §1: Executive Discretion & Internal Operations
The periods of trust on allotments made to Indians of the Klamath Reservation, Oregon, which, unless extended, would expire during the calendar year 1935, be, and they are hereby, extended for a further period of 10 years from the date on which any such trust would otherwise…
Franklin D. Roosevelt High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 6955 (Jan. 31, 1935), https://executiveordersarchive.org/orders/app-executive-order-6955-amendment-code-fair-competition-for-the-automobile-manufacturing.
