Amendment to Regulation No. 1 By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby amend Regulation No. 1, prescribed in Executive Order No. 7046 of May 20, 1935, as follows: Strike out all of that paragraph of Part I of said Regulation No. l which reads as follows: "Monthly earnings applicable to a city should in general apply also to contiguous urban areas, even though such urban areas are not in the same county. Monthly earnings applicable to the largest municipality in a county should in general apply also to the remainder of the county in which the municipality is located, but need not necessarily so apply in event that local circumstances warrant a different rate of earnings. If the territory covered by the operation of any individual project involves the application of more then one schedule of monthly earnings, the schedule of monthly earnings for any class of work on the project should be the higher schedule involved. In order to allow for these and any other adjustments, the Works Progress Administrator or his representative may adjust the rate of earnings for any class of work in a locality by not more then 10 per cent from the monthly earnings shown in the foregoing schedule." and insert in lieu thereof the following: "The foregoing monthly earnings schedule is subject to the following adjustments: "(a) The Works Progress Administrator, or representatives designated by him, may redefine any of the regions defined in the foregoing schedule whenever be or they find that it is necessary to do so in order to avoid undue inequality among workers accustomed to similarity of wage rates. "(b) Monthly earnings applicable to an urban area within a county shall, in general, apply to contiguous urban areas in adjacent counties in the some region. "(c) If the territory covered by the operation of any individual project involves the application of more then one schedule of monthly earnings the schedule of monthly earnings for any class of work on the project shall be the highest applicable schedule. "(d) In order to adjust the monthly rate of earnings to local conditions and to avoid inequality among workers or classes of workers in the sane region the Works Progress Administrator, or representatives designated by him; may adjust the rate of earnings for any class of work on any project by not more than ten percent above or below the monthly earnings shown in the foregoing schedule, or as adjusted pursuant to clauses (a), (b), and (c) of this paragraph. " FRANKLIN D. ROOSEVELT The White House, July 29, 1935.
Executive Order 7117 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 7117—Amending Executive Order No. 7046 of May 20, 1935, Prescribing Rules and Regulations Relating to Wages, Hours of Work, and Conditions of Employment Under the Emergency Relief Appropriation Act of 1935
Executive Brief • At a Glance
⏱️ 2 min read (451 words) •
● In Effect
🎯 Primary Mandate
Amendment to Regulation No. 1 By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby amend Regulation No. 1, prescribed in Executive Order No. 7046 of May 20, 1935, as follows: Strike out all of that paragraph of Part I of said Regulation No. l which reads as follows: "Monthly earnings applicable to a city should in general apply also to contiguous urban areas, even though such urban areas are not in the same county.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Private Citizens & Property Owners Public Health & Medical Institutions
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 July 29, 1935, this order concerns Amending Executive Order No. 7046 of May 20, 1935, Prescribing Rules and Regulations Relating to Wages, Hours of Work, and Conditions of Employment Under the Emergency Relief Appropriation Act of 1935. Amendment to Regulation No. 1 By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby amend Regulation No. 1, prescribed in Executive Order No. 7046 of May 20, 1935, as follows: Strike out all of that paragraph of Part I of said Regulation No. l which reads as follows: "Monthly earnings…
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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Amendment to Regulation No. 1 By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby amend Regulation No. 1, prescribed in Executive Order No. 7046 of May 20, 1935, as follows: Strike out all of that paragraph of Part I of said Regulation No. l which reads as follows: "Monthly earnings applicable to a city should in general apply also to contiguous urban areas, even though such urban areas are not in the same county.
▪
In order to allow for these and any other adjustments, the Works Progress Administrator or his representative may adjust the rate of earnings for any class of work in a locality by not more then 10 per cent from the monthly earnings shown in the foregoing schedule." and insert in lieu thereof the following: "The foregoing monthly earnings schedule is subject to the following adjustments: "(a) The Works Progress Administrator, or representatives designated by him, may redefine any of the regions defined in the foregoing schedule whenever be or they find that it is necessary to do so in order to avoid undue inequality among workers accustomed to similarity of wage rates.
▪
"(b) Monthly earnings applicable to an urban area within a county shall, in general, apply to contiguous urban areas in adjacent counties in the some region.
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"(c) If the territory covered by the operation of any individual project involves the application of more then one schedule of monthly earnings the schedule of monthly earnings for any class of work on the project shall be the highest applicable schedule.
Constitutional & Societal Entities Impacted
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
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 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
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
451
2,680 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
17.1
Post-Graduate Legal
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 7046 May 20, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7046—Prescribing Rules and Regulations Relating to Wages, Hours of Work, and Conditions of Employment Under the Emergency Relief Appropriation Act of 1935
📜 5th Amend: Regulatory Execution with Due Process
By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby prescribe the following rules and regulations: PART I—WAGES Except as hereinafter provided…
Franklin D. Roosevelt Post-Graduate Legal • 8m
EO 7118 Jul 29, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7118—Correcting Description in Executive Order No. 7082, of June 22, 1935, Relating to Blackfeet National Forest
📜 Art. II §1: Executive Discretion & Internal Operations
The said order no. 7082 is hereby amended by changing the figures "26" in line 18 of page 3 of said order (line 3, page 2 of the said order as printed) to the figures "36".
Franklin D. Roosevelt Grade 6 • 1m
EO 7120 Jul 30, 1935
⚖️⚠️ Zone 3 (Lowest Ebb) Friction (-0.19)
Executive Order 7120—Reorganizing the Consumers' Agencies
📜 Art. II §3: Administrative Management & Civil Service
The office of Adviser on Consumers' Problems is hereby recreated, and the Adviser shall be a member of the National Emergency Council. Walton H. Hamilton is hereby appointed Adviser on Consumers' Problems. SECTION 2.
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7120 Jul 30, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7120-A—Exemption of William H. Nelson From Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt William H. Nelson from the provisions thereof and continue him in the service until August 1, 1936.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7119 Jul 30, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7119—Amending Executive Order No. 7046 of May 20, 1935, Prescribing Rules and Regulations Relating to Wages, Hours of Work, and Conditions of Employment Under the Emergency Relief Appropriation Act of 1935
📜 Art. II §1: Executive Discretion & Internal Operations
Amendment of Subdivision (e) of Part I of Regulation No. 1 By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), subdivision (e) of Part I of Regulation No. 1…
Franklin D. Roosevelt High School • 1m
EO 7122 Jul 31, 1935
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7122—Exemption of Mrs. Frances N. Westcott From Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt Mrs. Frances N. Westcott from the provisions thereof and continue her in the service until January 1, 1936.
Franklin D. Roosevelt College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 7117 (July 29, 1935), https://executiveordersarchive.org/orders/app-executive-order-7117-amending-executive-order-no-7046-may-20-1935-prescribing-rules-and.
