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Executive Order 7028 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 7028—Transfer of Certain Property, Functions, Funds, etc., from the Federal Emergency Relief Administration to the Resettlement Administration

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Tuesday, April 30, 1935
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2 min read (361 words)

Executive Brief • At a Glance

⏱️ 2 min read (361 words) • ● In Effect
🎯 Primary Mandate

Transfer from the Federal Emergency Relief Administration to the Resettlement Administration (a) all the real and personal property or any interest therein, together with all contracts, options, rights and interests, books, papers, memoranda, records, etc., acquired by the Federal Emergency Relief Administrator and the Director of the Land Program, Federal Emergency Relief Administration, under allocations, allotments, or transfers of funds made to the Federal Emergency Relief Administration under appropriations for carrying out the provisions of the said National Industrial Recovery Act as made by the Fourth Deficiency Act, fiscal year 1933, approved June 16, 1933 (48 Stat. 274, 275), and by the Emergency Appropriation Act, fiscal year…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Public Health & Medical Institutions Financial Institutions & Monetary Authorities

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 30, 1935, this order concerns Transfer of Certain Property, Functions, Funds, etc., from the Federal Emergency Relief Administration to the Resettlement Administration. I hereby: 1. Transfer from the Federal Emergency Relief Administration to the Resettlement Administration (a) all the real and personal property or any interest therein, together with all contracts, options, rights and interests, books, papers, memoranda, records, etc., acquired by the Federal Emergency Relief Administrator and the Director of the Land Program, Federal Emergency Relief Administration, under…

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

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Transfer from the Federal Emergency Relief Administration to the Resettlement Administration (a) all the real and personal property or any interest therein, together with all contracts, options, rights and interests, books, papers, memoranda, records, etc., acquired by the Federal Emergency Relief Administrator and the Director of the Land Program, Federal Emergency Relief Administration, under allocations, allotments, or transfers of funds made to the Federal Emergency Relief Administration under appropriations for carrying out the provisions of the said National Industrial Recovery Act as made by the Fourth Deficiency Act, fiscal year 1933, approved June 16, 1933 (48 Stat. 274, 275), and by the Emergency Appropriation Act, fiscal year…

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Authorize the Administrator of the Resettlement Administration to administer the property transferred to him by this Executive Order and to exercise with respect to any real or personal property or any interest therein, contracts, options, rights, and interests, books, papers, memoranda, and records in connection with such property, all the powers and functions given to the Federal Emergency Relief Administrator and the Director of the Land Program by Executive Order No. 6983 of March 6, 1935, Executive Order No. 6747 of June 23, 1934, the letter from the President to the Secretary of the Treasury of August 28, 1934, allocating funds to the Federal Emergency Relief Administration, and Executive Order No. 6910-B of December 1, 1934. 3.

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Transfer and allocate to the Resettlement Administration all balances of appropriations heretofore made available to, or allotted for expenditure by, the Federal Emergency Relief Administration, under the said National Industrial Recovery Act and the said Emergency Appropriation Act, fiscal year 1935, to be used for the purposes for which said moneys were originally allocated or transferred to the Federal Emergency Relief Administration.

Constitutional & Societal Entities Impacted

🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities

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

"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
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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
26 / 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

Low Friction

Confined strictly to internal federal jurisdiction, federal property, or direct military command.

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
361
2,379 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
18.7
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 under Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), I hereby: 1. Transfer from the Federal Emergency Relief Administration to the Resettlement Administration (a) all the real and personal property or any interest therein, together with all contracts, options, rights and interests, books, papers, memoranda, records, etc., acquired by the Federal Emergency Relief Administrator and the Director of the Land Program, Federal Emergency Relief Administration, under allocations, allotments, or transfers of funds made to the Federal Emergency Relief Administration under appropriations for carrying out the provisions of the said National Industrial Recovery Act as made by the Fourth Deficiency Act, fiscal year 1933, approved June 16, 1933 (48 Stat. 274, 275), and by the Emergency Appropriation Act, fiscal year 1935, approved June 19, 1934 (48 Stat. 1055), and (b) all personnel now employed under the supervision of the Director of the Land Program, Federal Emergency Relief Administration, in the District of Columbia and elsewhere. 2. Authorize the Administrator of the Resettlement Administration to administer the property transferred to him by this Executive Order and to exercise with respect to any real or personal property or any interest therein, contracts, options, rights, and interests, books, papers, memoranda, and records in connection with such property, all the powers and functions given to the Federal Emergency Relief Administrator and the Director of the Land Program by Executive Order No. 6983 of March 6, 1935, Executive Order No. 6747 of June 23, 1934, the letter from the President to the Secretary of the Treasury of August 28, 1934, allocating funds to the Federal Emergency Relief Administration, and Executive Order No. 6910-B of December 1, 1934. 3. Transfer and allocate to the Resettlement Administration all balances of appropriations heretofore made available to, or allotted for expenditure by, the Federal Emergency Relief Administration, under the said National Industrial Recovery Act and the said Emergency Appropriation Act, fiscal year 1935, to be used for the purposes for which said moneys were originally allocated or transferred to the Federal Emergency Relief Administration. FRANKLIN D. ROOSEVELT The White House, April 30, 1935.

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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. 7028 (Apr. 30, 1935), https://executiveordersarchive.org/orders/app-executive-order-7028-transfer-certain-property-functions-funds-etc-from-the-federal.