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Executive Order 7123 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 7123—Appointing Members of the National Advisory Committee of the National Youth Administration

Franklin D. Roosevelt Franklin D. Roosevelt
•
Thursday, August 1, 1935
•
1 min read (223 words)

Executive Brief • At a Glance

⏱️ 1 min read (223 words) • ● In Effect
🎯 Primary Mandate

I hereby appoint the following persons to serve as members of the National Advisory Committee of the National Youth Administration, established by Executive Order No. 7086 of June 26, 1935: A. A. Berle, Jr. Mary Mcleod Bethune Selma M. Borchardt Frank L. Boyden Howard S. Breucher Louis Bronwlow Glenn Cunningham.

View all 2 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Private Citizens & Property Owners Public Health & Medical Institutions
Inspect unabridged text ↓

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 August 1, 1935, this order concerns Appointing Members of the National Advisory Committee of the National Youth Administration. I hereby appoint the following persons to serve as members of the National Advisory Committee of the National Youth Administration, established by Executive Order No. 7086 of June 26, 1935: A. A. Berle, Jr. Mary Mcleod Bethune Selma M. Borchardt Frank L. Boyden Howard S. Breucher Louis Bronwlow Glenn Cunningham.

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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I hereby appoint the following persons to serve as members of the National Advisory Committee of the National Youth Administration, established by Executive Order No. 7086 of June 26, 1935: A. A. Berle, Jr. Mary Mcleod Bethune Selma M. Borchardt Frank L. Boyden Howard S. Breucher Louis Bronwlow Glenn Cunningham.

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David de Sola Pool Agnes Samuelson Mee K. Sargent M. W. Thatcher Florence Thorne Dr. David Weglein Owen D. Young Dr. George F. Zook The said members shall serve without compensation, except that each shall receive, in addition to his necessary expenses of transportation, an allowance of twenty-five dollars for each calendar day while necessarily away from his home incident to the performance of the authorized work of the said Committee, payable under the appropriation made by the said Emergency Relief Appropriation Act of 1935.

Constitutional & Societal Entities Impacted

🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

Policy Areas & Topics

🏷️ Infrastructure & Transportation
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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

"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

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

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
223
1,409 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
9.9
High School
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 (Public Resolution No, 11, 74th Congress), I hereby appoint the following persons to serve as members of the National Advisory Committee of the National Youth Administration, established by Executive Order No. 7086 of June 26, 1935: A. A. Berle, Jr. Mary Mcleod Bethune Selma M. Borchardt Frank L. Boyden Howard S. Breucher Louis Bronwlow Glenn Cunningham. Henry Dennison Amelia Earhart Kenneth Farrier William E. Green Sidney Hillman George Harrison Charles H. Judd Dr. Mordecai Johnson Dr. E. H. Lindley Hiram Percy Maxim Bishop Francis J. McConnell Bernarr Macfadden Reverend Edward R. Moore Elizabeth Morrissey Thomas J. McInerney Donald R. Murply Julia O'Connor Dr. Clarence Poe De. David de Sola Pool Agnes Samuelson Mee K. Sargent M. W. Thatcher Florence Thorne Dr. David Weglein Owen D. Young Dr. George F. Zook The said members shall serve without compensation, except that each shall receive, in addition to his necessary expenses of transportation, an allowance of twenty-five dollars for each calendar day while necessarily away from his home incident to the performance of the authorized work of the said Committee, payable under the appropriation made by the said Emergency Relief Appropriation Act of 1935. FRANKLIN D. ROOSEVELT The White House, August 1, 1935.

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Amends Executive Order 7384—Appointment of Thomas Neblett and Rose Turlin as Members of the National Advisory Committee of the National Youth Administration
Franklin D. Roosevelt • 1936-06-08
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Scholarly & Legal Citations 

Exec. Order No. 7123 (Aug. 1, 1935), https://executiveordersarchive.org/orders/app-executive-order-7123-appointing-members-the-national-advisory-committee-the-national-youth.