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 and decorator employees in the Region of Hamilton County, Ohio and Kenton and Campbell Counties, Kentucky, 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 tliis 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 May 9, 1935.
Executive Order 7036 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 7036-A—Approving Agreement Between Employer Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Certain of Their Employees in the Region of Hamilton County, Ohio and Kenton and Campbell Counties, Kentucky
Executive Brief • At a Glance
⏱️ 2 min read (320 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 tliis Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
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 May 9, 1935, this order concerns Approving Agreement Between Employer Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Certain of Their Employees in the Region of Hamilton County, Ohio and Kenton and Campbell Counties, Kentucky. 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 tliis…
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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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 tliis Agreement is made, or this Agreement, or to avoid undue hardship or hardships to any individual or individuals.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
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 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
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: Defends Vigor & Dispatch
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
42 / 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
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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
320
2,044 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
36.9
Post-Graduate Legal
Text size:
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EO 7036 May 9, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7036-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 Travis County, Texas
📜 Art. II §1: Executive Discretion & Internal Operations
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🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7036-B—Approving Agreement Between Employer Members of the Division of the Painting, Paperhanging and Decorating Division of the Construction Industry and Certain of Their Employees in the Region of Certain Parts of Allegheny County, Pennsylvania
📜 10th Amend: Intergovernmental Federalism Cooperation
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📜 Art. II §1: Executive Discretion & Internal Operations
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📜 Art. II §1: Executive Discretion & Internal Operations
The periods of trust on allotments made to Indians of the Yakima Reservation, Washington, which, unless extended, would expire during the calendar year 1935, be, and they are hereby, extended for a further period of 10 years from the date on which any such trust would otherwise…
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EO 7037 May 11, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 5th Amend: Regulatory Execution with Due Process
I hereby establish an agency within the Government to be known as the "Rural Electrification Administration," the head thereof to be known as the Administrator.
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EO 7035 May 7, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7035-D—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 City and County of Denver, Colorado and Vicinity
📜 Art. II §1: Executive Discretion & Internal Operations
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📜
Scholarly & Legal Citations
Exec. Order No. 7036 (May 9, 1935), https://executiveordersarchive.org/orders/app-executive-order-7036-approving-agreement-between-employer-members-the-division-the.
