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Executive Order 7085 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 7085—Continuing the National Steel Labor Relations Board Until July 1, 1935

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Monday, June 24, 1935
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1 min read (248 words)

Executive Brief • At a Glance

⏱️ 1 min read (248 words) • ● In Effect
🎯 Primary Mandate

The National Steel Labor Relations Board created under Executive Order No. 6751 of June 28, 1934, and continued by Executive Order No. 7076 of June 15, 1935, is hereby further continued in existence until July 1, 1935, and vested with such powers and duties defined in the said Orders as are not inconsistent with the said Title as amended and with the further provisions of this Order. 2.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants

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 24, 1935, this order concerns Continuing the National Steel Labor Relations Board Until July 1, 1935. The National Steel Labor Relations Board created under Executive Order No. 6751 of June 28, 1934, and continued by Executive Order No. 7076 of June 15, 1935, is hereby further continued in existence until July 1, 1935, and vested with such powers and duties defined in the said Orders as are not inconsistent with the said Title as amended and with the further provisions of this Order. 2.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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The National Steel Labor Relations Board created under Executive Order No. 6751 of June 28, 1934, and continued by Executive Order No. 7076 of June 15, 1935, is hereby further continued in existence until July 1, 1935, and vested with such powers and duties defined in the said Orders as are not inconsistent with the said Title as amended and with the further provisions of this Order. 2.

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The Board shall have the power, under the direction of the Secretary of Labor, to mediate in any dispute which arises, or has heretofore arisen, between employers and employees in the iron and steel industry, and which tends to impede or prevent the fulfillment of the purposes of the said Title. 3.

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In appointing and retaining officers and employees, in fixing their compensation, and in incurring financial obligations the Board shall act only with the approval of the Secretary of Labor; but in no case shall the rate of compensation of any officer or employee exceed $25 per diem. 4.

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The Secretary of Labor shall prescribe rules and regulations for the exercise of the powers conferred upon the Board by this order.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants

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)
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"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 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: High Bill of Rights Scrutiny
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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
33 / 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

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
248
1,433 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
14.5
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 Title I of the National Industrial Recovery Act (48 Stat. 195) as amended by Senate Joint Resolution 113, approved June 14, 1935, and in order to effectuate the policy of said Title, it is hereby ordered: 1. The National Steel Labor Relations Board created under Executive Order No. 6751 of June 28, 1934, and continued by Executive Order No. 7076 of June 15, 1935, is hereby further continued in existence until July 1, 1935, and vested with such powers and duties defined in the said Orders as are not inconsistent with the said Title as amended and with the further provisions of this Order. 2. The Board shall have the power, under the direction of the Secretary of Labor, to mediate in any dispute which arises, or has heretofore arisen, between employers and employees in the iron and steel industry, and which tends to impede or prevent the fulfillment of the purposes of the said Title. 3. In appointing and retaining officers and employees, in fixing their compensation, and in incurring financial obligations the Board shall act only with the approval of the Secretary of Labor; but in no case shall the rate of compensation of any officer or employee exceed $25 per diem. 4. The Secretary of Labor shall prescribe rules and regulations for the exercise of the powers conferred upon the Board by this order. FRANKLIN D. ROOSEVELT The White House, June 24, 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. 7085 (June 24, 1935), https://executiveordersarchive.org/orders/app-executive-order-7085-continuing-the-national-steel-labor-relations-board-until-july-1-1935.