An application having been duly made, pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approval of an Agreement between certain employers who are members of the Painting, Paperhanging and Decorating Division of said Code, and their painter, paperhanger, woodfinisher and decorator employees in the Region of the City of Rochester, and Townships of Brighton, Irondequoit, Greece, Gates, Chili, and Pittsford, in the State of New York, as defined in said agreement, and a hearing having been held thereon, and the National Industrial Recovery Board having rendered its report containing an analysis of said Agreement, together with its recommendations and findings with respect thereto, and the National Industrial Recovery Board having found that said Agreement complies in all respects with the pertinent provisions of Title I of said Act and of said Code: Now, Therefore , I, Franklin D. Roosevelt, President of the United States, pursuant to authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, pursuant to said Code of Fair Competition for the Construction Industry, and otherwise, do hereby adopt and approve the report, recommendations and findings of the National Industrial Recovery Board and do hereby order that the said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, 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 Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals. FRANKLIN D. ROOSEVELT Approval Recommended: National Industrial Recovery Board By: W. A. Harriman Administrative Officer The White House April 12, 1935.
Executive Order 7010 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 7010-I—Approving Agreement Between Employer Members of the Painting, Paperhanging and Decorating Division of the Construction Industry and Certain of Their Employees in the Region of Rochester, New York, and Vicinity
Executive Brief • At a Glance
⏱️ 2 min read (332 words) •
● In Effect
🎯 Primary Mandate
The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, 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 Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities
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 April 12, 1935, this order concerns Approving Agreement Between Employer Members of the Painting, Paperhanging and Decorating Division of the Construction Industry and Certain of Their Employees in the Region of Rochester, New York, and Vicinity. The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, 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 Fair Competition under which this…
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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The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, 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 Fair Competition under which this Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
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 1 (Maximum Authority)
§
"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
📐
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
35 / 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
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
Low Friction
Youngstown Jacksonian Tier
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%).
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
332
2,121 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
37.8
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Dwight D. Eisenhower • 1956-04-02
Franklin D. Roosevelt • 1939-05-03
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 7010 Apr 11, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7010-H—Dismissal of Complaint Under Section 3 (e) of Title I of the National Industrial Recovery Act With Respect to Imports of Pig Iron
📜 Art. I §8: Delegated Tariff & Commerce Execution
A complaint under Section 3 (e) of the National Industrial Recovery Act, addressed to me by a tariff committee representing the eastern group of merchant pig iron producers under authority conferred on said group by the Code Authority of the Iron and Steel Industry, has been…
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EO 7010 Apr 10, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7010-G—Approving Agreement Between Employer 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 Colorado Springs, Ivywild, Broadmoor, Roswell, Ramona and Manitou, All in the State of Colorado
📜 10th Amend: Intergovernmental Federalism Cooperation
The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the…
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EO 7010 Apr 10, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7010-F—Approving Agreement Between Employer Members of the Division of the Electrical Contracting Division of the Construction Industry and Certain of Their Employees in the Region of Miami and Part of Dade County, Florida
📜 Art. II §1: Executive Discretion & Internal Operations
The said agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7010 Apr 10, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7010—Corrected Description of the Boundaries of the Waianae-Kai Military Reservation, Hawaii
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The description of the Waianae-Kai Military Reservation as contained in the said Executive Orders be, and it is hereby, corrected to read as follows
Franklin D. Roosevelt High School • 1m
EO 7010 Apr 10, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7010-C—Approving Agreement Between Employer Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Their Painter, Paperhanger and Decorator Employees in the Region of the Entire State of Rhode Island
📜 10th Amend: Intergovernmental Federalism Cooperation
The said agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7010 Apr 10, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7010-B—Approving Agreement Between Employer Members of the Division of the Plastering and Lathing Contracting Division of the Construction Industry and Certain of Their Employees in the State of California
📜 10th Amend: Intergovernmental Federalism Cooperation
The said Agreement be and the same hereby is approved: Provided , that the National Industrial Recovery Board may provide such exceptions and exemptions from the operation of the provisions of this Agreement resulting from my approval, with or without conditions for the…
Franklin D. Roosevelt Post-Graduate Legal • 3m
📜
Scholarly & Legal Citations
Exec. Order No. 7010 (Apr. 12, 1935), https://executiveordersarchive.org/orders/app-executive-order-7010-i-approving-agreement-between-employer-members-the-painting.
