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Executive Order 7024 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.33) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 7024-B—Order No. 3 Under Act of February 22, 1935

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Thursday, April 25, 1935
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2 min read (466 words)

Executive Brief • At a Glance

⏱️ 2 min read (466 words) • ● In Effect
🎯 Primary Mandate

Article I I hereby create and designate an Agency to be known as the "Federal Petroleum Agency No. 1", hereinafter designated as the "Agency", which shall exercise all duties and functions pertaining or incidental to investigations provided for by my Order No. 1 approved and promulgated March 1, 1935.

⚖️ 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 April 25, 1935, this order concerns Order No. 3 Under Act of February 22, 1935. Article I I hereby create and designate an Agency to be known as the "Federal Petroleum Agency No. 1", hereinafter designated as the "Agency", which shall exercise all duties and functions pertaining or incidental to investigations provided for by my Order No. 1 approved and promulgated March 1, 1935.

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 I hereby create and designate an Agency to be known as the "Federal Petroleum Agency No. 1", hereinafter designated as the "Agency", which shall exercise all duties and functions pertaining or incidental to investigations provided for by my Order No. 1 approved and promulgated March 1, 1935.

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Article II Hereafter all applications for tenders shall be referred by the "Board" to the "Agency" for investigation and report.

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Representatives of the "Agency" are authorized to appear before the "Board" to present evidence and examine witnesses whenever it appears necessary or advisable.

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Article III The "Agency" or its representatives are hereby authorized and empowered to exercise all of the functions, powers, and duties set forth in paragraph 2, Regulation IV, and in Regulations X and XI of my Order No. 1 approved and promulgated March 1, 1935.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities

Policy Areas & Topics

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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.

🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

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

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

Low Friction

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

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
466
2,895 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.3
Post-Graduate Legal
Language Tone Score
+0.33
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas , 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), I am authorized to designate an agency to execute the powers and functions vested in me by the Act of Congress and Executive Order hereinbefore mentioned; and Whereas , I find that it is necessary and appropriate for the enforcement of the provisions of said Act to establish an administrative and investigative agency in connection with tenders presented to the Federal Tender Board No. 1; Now, Therefore , it is ordered: Article I I hereby create and designate an Agency to be known as the "Federal Petroleum Agency No. 1", hereinafter designated as the "Agency", which shall exercise all duties and functions pertaining or incidental to investigations provided for by my Order No. 1 approved and promulgated March 1, 1935. Article II Hereafter all applications for tenders shall be referred by the "Board" to the "Agency" for investigation and report. Representatives of the "Agency" are authorized to appear before the "Board" to present evidence and examine witnesses whenever it appears necessary or advisable. Article III The "Agency" or its representatives are hereby authorized and empowered to exercise all of the functions, powers, and duties set forth in paragraph 2, Regulation IV, and in Regulations X and XI of my Order No. 1 approved and promulgated March 1, 1935. Representatives of the "Agency" shall have power to administer oaths and affirmations. Nothing contained in this regulation shall be construed to impair or limit the functions, duties and powers delegated to the "Board" under the aforesaid regulations in my Order No. 1 approved and promulgated March 1, 1935. Article IV Except as hereinbefore provided all previous orders approved and promulgated by me pursuant to the Act and Executive Order hereinbefore mentioned shallremain in full force and effect. Article V If any provision of this Order or any clause, sentence or part hereof is held unauthorized or invalid for any reason, or the application thereof to any person, circumstance, commodity or class of transactions with respect to any commodity be held unauthorized or invalid for any reason, the validity of the remainder of this Order and the application of such provisions to other persons, circumstances, commodities and classes of transactions shall not be affected thereby. Approved, prescribed and promulgated this 25th day of April, 1935. HAROLD L. ICKES Secretary of the Interior , Approved: April 25, 1935. FRANKLIN D. ROOSEVELT

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 7024 (Apr. 25, 1935), https://executiveordersarchive.org/orders/app-executive-order-7024-b-order-no-3-under-act-february-22-1935.