★
Executive Orders Historical Archive
Cite
Executive Order 7013 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.55) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 7013—Amendment of Instructions to Diplomatic Officers and of Consular Regulations

•
Tuesday, April 16, 1935
•
4 min read (719 words)

Executive Brief • At a Glance

⏱️ 4 min read (719 words) • ● In Effect
🎯 Primary Mandate

Section 5, Article 8, of the Instructions to Diplomatic Officers is hereby amended to read as follows: Office hours.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants 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 April 16, 1935, this order concerns Amendment of Instructions to Diplomatic Officers and of Consular Regulations. Section 5, Article 8, of the Instructions to Diplomatic Officers is hereby amended to read as follows: Office hours. Diplomatic missions shall be kept open for the convenience of the public from 9:00 a.m. to 4:30 p.m. continuously each day from Monday to Friday, inclusive, and for four hours from 9:00 a.m. to 1:00 p.m. on Saturdays throughout the year, except that the Secretary of State in his discretion may…

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

▪

Section 5, Article 8, of the Instructions to Diplomatic Officers is hereby amended to read as follows: Office hours.

▪

Diplomatic missions shall be kept open for the convenience of the public from 9:00 a.m. to 4:30 p.m. continuously each day from Monday to Friday, inclusive, and for four hours from 9:00 a.m. to 1:00 p.m. on Saturdays throughout the year, except that the Secretary of State in his discretion may authorize such rearrangement of office hours as he may deem desirable on Recount of local customs or climatic conditions in particular places or exigencies of the Service.

▪

Exception shall also be made of all days which by act of Congress are made legal holidays in the District of Columbia, namely, New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

▪

On all national holidays of the country in which the mission is situated, the chancery may be considered as closed for the transaction of business of a routine nature; but at least one Secretary shall be detailed for duty to receive American citizens who may have urgent business with the mission, and such clerical assistance shall be available as in the judgment of the chief of mission is needed to meet the exigencies of the day.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
🏛️

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)
§

"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

"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: Supportive of Execution
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
41 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

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%).
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
719
4,231 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
14.5
College Level
Language Tone Score
+0.55
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Section 5, Article 8, of the Instructions to Diplomatic Officers is hereby amended to read as follows: Office hours. Diplomatic missions shall be kept open for the convenience of the public from 9:00 a.m. to 4:30 p.m. continuously each day from Monday to Friday, inclusive, and for four hours from 9:00 a.m. to 1:00 p.m. on Saturdays throughout the year, except that the Secretary of State in his discretion may authorize such rearrangement of office hours as he may deem desirable on Recount of local customs or climatic conditions in particular places or exigencies of the Service. Exception shall also be made of all days which by act of Congress are made legal holidays in the District of Columbia, namely, New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On these days the chancery may be closed and attendance required of such personnel only as the chief of mission may deem necessary to encipher and decipher important cable messages and to attend to any other matters of urgent business. On all national holidays of the country in which the mission is situated, the chancery may be considered as closed for the transaction of business of a routine nature; but at least one Secretary shall be detailed for duty to receive American citizens who may have urgent business with the mission, and such clerical assistance shall be available as in the judgment of the chief of mission is needed to meet the exigencies of the day. Diplomatic officers of the United States should be ready and willing to perform the duties of their office at any time, and the hours fixed in accordance with this section must not be considered as the limit of the time within which officers may be called upon to perform their official duties. It is to be understood that, as in the Departmental service in Washington, office hours will be extended from time to time whenever the exigencies of the Service may so require. Section 63 of the Consular Regulations is hereby amended to read: 63. Office hours. Consular offices shall be kept open for the convenience of the public from 9:00 a.m. to 4:30 p.m. continuously each day from Monday to Friday, inclusive, and for four hours from 9:00 a.m. to 1:00 p.m. on Saturdays throughout the year, except that the Secretary of State in his discretion may authorize such rearrangement of office hours as he may deem desirable on account of local customs or climatic conditions in particular places or exigencies of the Service. Exception shall also be made of all days which by act of Congress are made legal holidays in the District of Columbia, namely, New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On these days the office may be closed and attendance required of such personnel only as the officer in charge may deem necessary to encipher and decipher important cable messages and to attend to any other matters of urgent business. On all national holidays of the country in which the consular office is situated, the office may be considered as closed for the transaction of business of a routine nature; but at least one officer shall be detailed for duty to receive American citizens who may have urgent business with the office, and such clerical assistance shall be available as in the judgment of the officer in charge is needed to meet the exigencies of the day. Consular officers of the United States should be ready and willing to perform the duties of their office at any time, and the hours fixed in accordance with this section must not be considered as the limit of the time within which officers may be called upon to perform their official duties. It is to be understood that, as in the Departmental service in Washington, office hours will be extended from time to time whenever the exigencies of the Service may so require. That part of section 440 of the Consular Regulations, which reads " Relative rank. The order of official precedence in the Service is as follows:", is hereby amended to read: " Relative rank. The order of official precedence among consular officers is as follows:". FRANKLIN D. ROOSEVELT The White House, April 16, 1935.

🔗

Referenced By Later Executive Orders (1)

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

📜

Scholarly & Legal Citations

Exec. Order No. 7013 (Apr. 16, 1935), https://executiveordersarchive.org/orders/app-executive-order-7013-amendment-instructions-diplomatic-officers-and-consular-regulations.