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Executive Order 7065 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7065—Creating the National Resources Committee

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Friday, June 7, 1935
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3 min read (563 words)

Executive Brief • At a Glance

⏱️ 3 min read (563 words) • ● In Effect
🎯 Primary Mandate

I hereby establish an agency within the Government to be known as the National Resources Committee, consisting of the Secretary of the Interior (Chairman.), the Secretary of War, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Federal Emergency Relief Administrator, Frederic A. Delano, Charles E. Merriam, and Wesley C. Mitchell, who shall serve as members without compensation.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 June 7, 1935, this order concerns Creating the National Resources Committee. I hereby establish an agency within the Government to be known as the National Resources Committee, consisting of the Secretary of the Interior (Chairman.), the Secretary of War, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Federal Emergency Relief Administrator, Frederic A. Delano, Charles E. Merriam, and Wesley C. Mitchell, who shall serve as members without compensation.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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I hereby establish an agency within the Government to be known as the National Resources Committee, consisting of the Secretary of the Interior (Chairman.), the Secretary of War, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Federal Emergency Relief Administrator, Frederic A. Delano, Charles E. Merriam, and Wesley C. Mitchell, who shall serve as members without compensation.

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A committee advisory thereto, consisting of Frederic A. Delano (Chairman), Charles E. Merriam, and Wesley C. Mitchell, is hereby constituted, to which advisory committee members may be added from time to time by the President.

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The compensation of the members of the advisory committee shall be fixed by the President.

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I hereby prescribe the functions and duties of the National Resources Committee as follows: (a) To collect, prepare and make available to the President, with recommendations, such plans, data and information as may be helpful to a planned development and use of land, water, and other national resources, and such related subjects as may be referred to it by the President.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

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 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

"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: Strong Prerogative Support
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.

⚖️ Discretionary Twilight Zone
55 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Moderate Friction

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

Youngstown Jacksonian Tier

Moderate Friction

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%).
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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
563
3,599 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
15.9
College Level
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 the Emergency Relief Appropriation Act of 1935, approved April 8, 1935, 49 Stat. 115, and to provide a means of obtaining information essential to a wise employment of the emergency appropriation made by said Act, I hereby establish an agency within the Government to be known as the National Resources Committee, consisting of the Secretary of the Interior (Chairman.), the Secretary of War, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Federal Emergency Relief Administrator, Frederic A. Delano, Charles E. Merriam, and Wesley C. Mitchell, who shall serve as members without compensation. A committee advisory thereto, consisting of Frederic A. Delano (Chairman), Charles E. Merriam, and Wesley C. Mitchell, is hereby constituted, to which advisory committee members may be added from time to time by the President. The compensation of the members of the advisory committee shall be fixed by the President. I hereby prescribe the functions and duties of the National Resources Committee as follows: (a) To collect, prepare and make available to the President, with recommendations, such plans, data and information as may be helpful to a planned development and use of land, water, and other national resources, and such related subjects as may be referred to it by the President. (b) To consult and cooperate with agencies of the Federal Government, with the States and municipalities or agencies thereof, and with any public or private planning or research agencies or institutions, in carrying out any of its duties and functions. (c) To receive and record all proposed Federal projects involving the acquisition of land (including transfer of land jurisdiction) and land research projects, and in an advisory capacity to provide the agencies concerned with such information or data as may be pertinent to the projects. All executive agencies shall notify the National Resources Committee of such projects as they develop, before major field activities are undertaken. In the performance of such duties and functions and within such amounts as may be allocated by the President . . . I hereby authorize the said committee to accept and utilize such voluntary and uncompensated services and, with the consent of the State, such State and local officers and employees, and appoint without regard to the provisions of the civil service laws, such officers and employees as may be necessary, prescribe their duties and responsibilities and, without regard to the Classification Act of 1923, as amended, fix their compensation: Provided, That in so far as practicable, the persons employed under the authority of this Executive Order shall be selected from those receiving relief. The National Resources Board and the advisory committee established by Executive Order No. 6777, dated June 30, 1934, are hereby abolished, and all personnel, property, records, rights, etc., of said Board are hereby transferred to said National Resources Committee. There is hereby transferred to the National Resources Committee the unexpended balance of all moneys heretofore made available for expenditure by the National Resources Board, which moneys shall be available for discharge of obligations lawfully incurred by said Board; and for the expenses of the National Resources Committee hereunder funds will be hereafter allocated to said Committee from the appropriation made by the Emergency Relief Appropriation Act of 1935. This Executive Order shall take effect at the close of business on June 15, 1935.

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Scholarly & Legal Citations

Exec. Order No. 7065 (June 7, 1935), https://executiveordersarchive.org/orders/app-executive-order-7065-creating-the-national-resources-committee.