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Executive Orders Historical Archive
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Executive Order 7025 ⚖️⚠️ Zone 3: Lowest Ebb Constitutional Friction / Overreach (-0.19) 📜 10th Amend: Federalism & State Sovereignty Tension

Executive Order 7025—Appointment of Charles Edison as a Member of the National Industrial Recovery Board

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Monday, April 29, 1935
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1 min read (112 words)

Executive Brief • At a Glance

⏱️ 1 min read (112 words) • ● In Effect
🎯 Primary Mandate

I hereby appoint Charles Edison as a member of the National Industrial Recovery Board to fill the vacancy caused by the retirement of A. D. Whiteside, resigned; and I hereby direct that said Charles Edison be given leave of absence without pay from his position as State Director for the National Emergency Council for the State of New Jersey during the period of his service as a member of said National Industrial Recovery Board.

⚖️ Constitutional Footing
⚖️⚠️ Zone 3: Lowest Ebb
Incompatible with Expressed Will of Congress or High Friction
📜 10th Amend: Federalism & State Sovereignty Tension
🏛️ 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 29, 1935, this order concerns Appointment of Charles Edison as a Member of the National Industrial Recovery Board. I hereby appoint Charles Edison as a member of the National Industrial Recovery Board to fill the vacancy caused by the retirement of A. D. Whiteside, resigned; and I hereby direct that said Charles Edison be given leave of absence without pay from his position as State Director for the National Emergency Council for the State of New Jersey during the period of his service as a member of said National Industrial…

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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I hereby appoint Charles Edison as a member of the National Industrial Recovery Board to fill the vacancy caused by the retirement of A. D. Whiteside, resigned; and I hereby direct that said Charles Edison be given leave of absence without pay from his position as State Director for the National Emergency Council for the State of New Jersey during the period of his service as a member of said National Industrial Recovery Board.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities

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 3 (Lowest Ebb)
§

"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Incompatible with Expressed Will of Congress or High Friction
JM

James Madison

Separation of Powers & Legislative Primacy

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)

Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.

Madisonian Stance: Strict Dissent (Overreach)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)

Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.

Hamiltonian Stance: Qualified Caution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: Vehement Objection
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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.

⚠️ Elevated Constitutional Friction
59 / 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

High Friction

Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.

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

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

High Friction

The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.

Benchmark: Incompatible with Expressed Will of Congress or High Friction
⚖️ Audit Synthesis

This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.

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
112
646 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
18.4
Post-Graduate Legal
Language Tone Score
-0.19
Constitutional Friction / Overreach
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by Title I of the National Industrial Recovery Act, approved June 16, 1933, and to effectuate the purposes of said Act, I hereby appoint Charles Edison as a member of the National Industrial Recovery Board to fill the vacancy caused by the retirement of A. D. Whiteside, resigned; and I hereby direct that said Charles Edison be given leave of absence without pay from his position as State Director for the National Emergency Council for the State of New Jersey during the period of his service as a member of said National Industrial Recovery Board. FRANKLIN D. ROOSEVELT The White House, April 29, 1935.

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Scholarly & Legal Citations

Exec. Order No. 7025 (Apr. 29, 1935), https://executiveordersarchive.org/orders/app-executive-order-7025-appointment-charles-edison-member-the-national-industrial-recovery.