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Executive Orders Historical Archive
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Executive Order 6980 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 6980-C—Order No. 2 Under Act of February 22, 1935

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Friday, March 1, 1935
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5 min read (929 words)

Executive Brief • At a Glance

⏱️ 5 min read (929 words) • ● In Effect
🎯 Primary Mandate

Article I That part of the State of Texas included within the Counties of Gregg, Upshur, Smith, Rusk, and that part of Cherokee County covered by the Miguel de los Santos Coy, Pratt and Wesley Dikes Surveys (to be known as the East Texas Field) is hereby constituted a designated area within the meaning of Regulation II of my order No. 1 under said Act and Executive Order, and the regulations prescribed by said order shall apply to all petroleum and petroleum products originating in said area and to all persons producing, refining, processing, manufacturing, storing, shipping or transporting petroleum or petroleum products originating in said area.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Private Citizens & Property Owners 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 March 1, 1935, this order concerns Order No. 2 Under Act of February 22, 1935. Article I That part of the State of Texas included within the Counties of Gregg, Upshur, Smith, Rusk, and that part of Cherokee County covered by the Miguel de los Santos Coy, Pratt and Wesley Dikes Surveys (to be known as the East Texas Field) is hereby constituted a designated area within the meaning of Regulation II of my order No. 1 under said Act and Executive Order, and the regulations prescribed by said…

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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Article I That part of the State of Texas included within the Counties of Gregg, Upshur, Smith, Rusk, and that part of Cherokee County covered by the Miguel de los Santos Coy, Pratt and Wesley Dikes Surveys (to be known as the East Texas Field) is hereby constituted a designated area within the meaning of Regulation II of my order No. 1 under said Act and Executive Order, and the regulations prescribed by said order shall apply to all petroleum and petroleum products originating in said area and to all persons producing, refining, processing, manufacturing, storing, shipping or transporting petroleum or petroleum products originating in said area.

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Article II I hereby appoint and designate Norman L. Meyers, Chairman, M. S. McCorquodale and John F. Davis to act as a Board to be known as Federal Tender Board No. 1, for the purpose of issuing certificates of clearance for such area under said Act and administering the regulations prescribed by my order No. 1 under said Act and Executive Order.

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The principal office of Federal Tender Board No. 1 shall be located at Kilgore, Texas.

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Article III Federal Forms numbered 1, 2, 3 and 4, including the reverse sides thereof, copies of which are annexed hereto, are hereby approved and made a part of this Order as though fully set forth herein.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

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

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

Moderate Friction

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

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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
929
5,597 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
18.4
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of and pursuant to the authority vested in me by the Act of Congress entitled "An Act to regulate Interstate and Foreign Commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes", Public No. 14, 74th Congress, approved February 22, 1935, and the Executive Order of the President of the United States, No. 6979 (February 28, 1935), and pursuant to my order No. 1, this date promulgated thereunder; and Whereas , I find that large quantities of contraband oil, as defined in said Act of Congress, are originating in the East Texas Field, as hereinafter defined, and are being shipped and transported in interstate commerce from the East Texas Field; and Whereas , I find that the potential production of petroleum in said East Texas Field is very large and greatly in excess of actual production at this time; that the actual production of petroleum in said East Texas Field is approximately seventeen per cent, of the total actual production of petroleum in the United States; that there has been over a long period of time and is now substantial actual production in said Field in excess of the amounts permitted to be produced under the Laws of the State of Texas and under the regulations and orders prescribed thereunder by the Railroad Commission of Texas, a substantial part of which moves in interstate commerce; that there is actually situated in said Field at this time large quantities of contraband oil, a substantial part of which is immediately available for interstate transportation; that there are in said Field numerous wells, refineries, reclamation plants, casinghead gasoline plants, pipe lines, railroads, loading racks, gathering systems, tank trucks, storage facilities, and other equipment and plants used in connection with the production, refining, processing, manufacturing, storage, and transportation of petroleum and petroleum products; that by-passes and other devices and operations have been used over a long period of time and are now used in said Field to obstruct the enforcement of the Conservation Laws of the State of Texas and the orders of the Railroad Commission of Texas thereunder; that the foregoing facts relating to the facilities, plants and equipment, and the methods of operation thereunder, make it difficult, if not impossible, to prevent shipments in interstate commerce prohibited by said Act without the use of certificates of clearance as authorized by said Act; and Whereas , I find that it is necessary and appropriate for the enforcement of the provisions of said Act to require certificates of clearance for petroleum and petroleum products moving or to be moved in interstate commerce from said East Texas Field, and to establish a Board for the issuance of such certificates; and Whereas , I find by reason of the matters and things hereinabove set forth that the regulations prescribed by my order No. 1 under said Act are necessary and appropriate for the enforcement of the provisions of said Act in said East Texas Field; Now, Therefore , it is ordered: Article I That part of the State of Texas included within the Counties of Gregg, Upshur, Smith, Rusk, and that part of Cherokee County covered by the Miguel de los Santos Coy, Pratt and Wesley Dikes Surveys (to be known as the East Texas Field) is hereby constituted a designated area within the meaning of Regulation II of my order No. 1 under said Act and Executive Order, and the regulations prescribed by said order shall apply to all petroleum and petroleum products originating in said area and to all persons producing, refining, processing, manufacturing, storing, shipping or transporting petroleum or petroleum products originating in said area. Article II I hereby appoint and designate Norman L. Meyers, Chairman, M. S. McCorquodale and John F. Davis to act as a Board to be known as Federal Tender Board No. 1, for the purpose of issuing certificates of clearance for such area under said Act and administering the regulations prescribed by my order No. 1 under said Act and Executive Order. The principal office of Federal Tender Board No. 1 shall be located at Kilgore, Texas. Article III Federal Forms numbered 1, 2, 3 and 4, including the reverse sides thereof, copies of which are annexed hereto, are hereby approved and made a part of this Order as though fully set forth herein. Applications for certificates of clearance in the respective situations to which said forms are applicable, supporting affidavits for said applications, and returns by transporters shall be made on said forms in accordance with the instructions appearing on said forms. 3 Article IV Federal Forms A, B, C and D, including the reverse sides thereof, copies of which are annexed hereto, are hereby approved and made a part of this Order as though fully set forth herein. Monthly reports by refineries, reclamation plants, casinghead gasoline plants, pipe lines and producers operating in the East Texas Field shall be made on said forms in accordance with the instructions appearing on said forms. Article V All terms defined in said Act or in my order No. 1 prescribed under said Act and Executive Order shall, when used in this Order or in the forms approved hereby, receive the definition given in said Act or Order. Article VI The operation of this Order shall begin at seven A.M., March 1, 1935. Approved, prescribed and promulgated this 1 st day of March, 1935. HAROLD L. ICKES Secretary of the Interior . Approved March 1 1935 FRANKLIN D. ROOSEVELT

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 6980 (Mar. 1, 1935), https://executiveordersarchive.org/orders/app-executive-order-6980-c-order-no-2-under-act-february-22-1935.