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), and by Title I of the National Industrial Recovery Act (48 Stat. 195) as amended by Senate Joint Resolution No. 113, approved June 14,1935 (Public Resolution No. 26, 74th Congress), it is ordered as follows: SECTION 1. 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. A Consumers' Division is hereby established within the National Recovery Administration, the function and purpose of which Division shall be to stimulate interest in the problems of the consumer, to review public policy in so far as it relates to the consumer, and in general to suggest ways and means to promote larger and more economical production of useful goods and facilitate the maintenance and betterment of the American standard of living. The Director of the Consumers' Division shall further define objectives, plan a program of activities including research and the dissemination of information, choose a technical and administrative staff, and subject to the approval of the Administrator of the National Recovery Administration, supervise the activities of the Division. Walton H. Hamilton is hereby appointed Director of the Consumers' Division of the National Recovery Administration. SECTION 3. The functions heretofore performed by the Consumers' Advisory Board of the National Recovery Administration, the Consumers' Division of the National Emergency Council, and the Cabinet Committee on Price Policy are hereby transferred to the Consumers' Division of the National Recovery Administration. The supervision of the work of the Consumers' County Councils is hereby transferred from the Consumers' Division. of the National Emergency Council to the Consumers' Division of the National Recovery Administration. All records of the said organizations are hereby transferred to the Consumers' Division of the National Recovery Administration. . . . SECTION 6. All orders and regulations heretofore issued concerning the administration of Title I of the National Industrial Recovery Act are hereby modified to the extent necessary to make this order fully effective.
Executive Order 7120—Reorganizing the Consumers' Agencies
Executive Brief • At a Glance
The office of Adviser on Consumers' Problems is hereby recreated, and the Adviser shall be a member of the National Emergency Council.
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 30, 1935, this order concerns Reorganizing the Consumers' Agencies. 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.
Key Directives & Operative Actions
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.
A Consumers' Division is hereby established within the National Recovery Administration, the function and purpose of which Division shall be to stimulate interest in the problems of the consumer, to review public policy in so far as it relates to the consumer, and in general to suggest ways and means to promote larger and more economical production of useful goods and facilitate the maintenance and betterment of the American standard of living.
The Director of the Consumers' Division shall further define objectives, plan a program of activities including research and the dissemination of information, choose a technical and administrative staff, and subject to the approval of the Administrator of the National Recovery Administration, supervise the activities of the Division.
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
Alexander Hamilton
The Energetic Executive & Unified Command
"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)
Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.
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.
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
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7120 (July 30, 1935), https://executiveordersarchive.org/orders/app-executive-order-7120-reorganizing-the-consumers-agencies.