By virtue of and pursuant to the authority vested in me by section 55 of the Revenue Act of 1932 (ch. 209, 47 Stat. 169, 189), as amended by section 218(h) of the National Industrial Recovery Act (ch. 90, 48 Stat. 195, 209), and section 55(a) of the Revenue Act of 1934 (ch. 277, 48 Stat. 680, 698), it is hereby ordered that income and profits tax returns made under the National Industrial Recovery Act, the Revenue Act of 1932, us amended by the National Industrial Recovery Act, and the Revenue Act of 1934, and capital stock tax returns made under the Revenue Act of 1934, shall be open to inspection by the Special Committee Investigating the Munitions Industry, United States Senate, authorized by Senate Resolution 206, Seventy-third Congress, to investigate the manufacture of and traffic in arms, munitions, and other implements of war, such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in Treasury Decision 4440 (C. B. XIII-1, 305), and approved by the President June 15, 1934. FRANKLIN D. ROOSEVELT The White House, May 14, 1935.
Executive Order 7039—Authorization of Special Committee Investigating the Munitions Industry, United States Senate, to Inspect Income and Profits Tax Returns and Capital Stock Tax Returns
Executive Brief • At a Glance
Income and profits tax returns made under the National Industrial Recovery Act, the Revenue Act of 1932, us amended by the National Industrial Recovery Act, and the Revenue Act of 1934, and capital stock tax returns made under the Revenue Act of 1934, shall be open to inspection by the Special Committee Investigating the Munitions Industry, United States Senate, authorized by Senate Resolution 206, Seventy-third Congress, to investigate the manufacture of and traffic in arms, munitions, and other implements of war, such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in Treasury Decision 4440 (C. B. XIII-1, 305), and approved by the President June 15, 1934.
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 14, 1935, this order concerns Authorization of Special Committee Investigating the Munitions Industry, United States Senate, to Inspect Income and Profits Tax Returns and Capital Stock Tax Returns. Income and profits tax returns made under the National Industrial Recovery Act, the Revenue Act of 1932, us amended by the National Industrial Recovery Act, and the Revenue Act of 1934, and capital stock tax returns made under the Revenue Act of 1934, shall be open to inspection by the Special Committee Investigating the Munitions Industry, United States Senate, authorized by Senate Resolution 206, Seventy-third…
Key Directives & Operative Actions
Income and profits tax returns made under the National Industrial Recovery Act, the Revenue Act of 1932, us amended by the National Industrial Recovery Act, and the Revenue Act of 1934, and capital stock tax returns made under the Revenue Act of 1934, shall be open to inspection by the Special Committee Investigating the Munitions Industry, United States Senate, authorized by Senate Resolution 206, Seventy-third Congress, to investigate the manufacture of and traffic in arms, munitions, and other implements of war, such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in Treasury Decision 4440 (C. B. XIII-1, 305), and approved by the President June 15, 1934.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7039 (May 14, 1935), https://executiveordersarchive.org/orders/app-executive-order-7039-authorization-special-committee-investigating-the-munitions-industry.