★
Executive Orders Historical Archive
Cite
Executive Order 7180 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 7180—Prescribing Rules and Regulations Governing the Making of Loans by the Puerto Rico Reconstruction Administration Under the Emergency Relief Appropriation Act of 1935

•
Friday, September 6, 1935
•
3 min read (647 words)

Executive Brief • At a Glance

⏱️ 3 min read (647 words) • ● In Effect
🎯 Primary Mandate

Loans may be made by the Puerto Rico Reconstruction Administration for the purpose of financing, in whole or in part, the purchase by farmers, farm tenants, croppers, or farm laborers, of farm lands and of necessary equipment for the production, preparation, and preservation of farm and rural community products for distribution and use, where such purchases are incidental and necessary to the effectuation of authorized projects of rural rehabilitation.

⚖️ 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 September 6, 1935, this order concerns Prescribing Rules and Regulations Governing the Making of Loans by the Puerto Rico Reconstruction Administration Under the Emergency Relief Appropriation Act of 1935. 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 governing the making of loans by the Puerto Rico Reconstruction Administration: Section 1.

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

▪

Loans may be made by the Puerto Rico Reconstruction Administration for the purpose of financing, in whole or in part, the purchase by farmers, farm tenants, croppers, or farm laborers, of farm lands and of necessary equipment for the production, preparation, and preservation of farm and rural community products for distribution and use, where such purchases are incidental and necessary to the effectuation of authorized projects of rural rehabilitation.

▪

Loans for the purposes mentioned in section 1 hereof may be made by the Puerto Rico Reconstruction Administration either to individuals or to such bona fide associations, cooperative associations, partnerships, or other like agencies composed of farmers, farm tenants, croppers, or farm laborers as the Administrator shall approve: Provided, however , That such loans shall be made to such bona fide associations, cooperative associations, partnerships, or like agencies only upon condition ( a ) that they impose no inequitable restriction upon membership or participation therein, ( b ) that they be so conducted under the supervision of the Puerto Rico Reconstruction Administration as to protect adequately the interests of the members or…

▪

Interest shall be charged on all loans made by the Puerto Rico Reconstruction Administration at rates to be fixed by the Administrator, which rates shall not be greater than five per cent nor less than three per cent per annum, and need not be uniform ( a ) throughout Puerto Rico or ( b ) on loans of different classes.

▪

Where circumstances so require, the Administrator may reduce the rate at which unaccrued interest shall be payable on outstanding loans, but in no case to a rate less than three per cent per annum.

Constitutional & Societal Entities Impacted

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

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
📐

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
37 / 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

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%).
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
647
3,869 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
26.8
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (6 sections)

REGULATION NO. 8. 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 governing the making of loans by the Puerto Rico Reconstruction Administration:

Section 1. #sec-1

Loans may be made by the Puerto Rico Reconstruction Administration for the purpose of financing, in whole or in part, the purchase by farmers, farm tenants, croppers, or farm laborers, of farm lands and of necessary equipment for the production, preparation, and preservation of farm and rural community products for distribution and use, where such purchases are incidental and necessary to the effectuation of authorized projects of rural rehabilitation.

Section 2. #sec-2

Loans for the purposes mentioned in section 1 hereof may be made by the Puerto Rico Reconstruction Administration either to individuals or to such bona fide associations, cooperative associations, partnerships, or other like agencies composed of farmers, farm tenants, croppers, or farm laborers as the Administrator shall approve: Provided, however , That such loans shall be made to such bona fide associations, cooperative associations, partnerships, or like agencies only upon condition ( a ) that they impose no inequitable restriction upon membership or participation therein, ( b ) that they be so conducted under the supervision of the Puerto Rico Reconstruction Administration as to protect adequately the interests of the members or participants therein, and ( c ) that where such a loan is for the purpose of financing the purchase of community equipment, the operation of such equipment shall be subject to the supervision and control of the Puerto Rico Reconstruction Administration so long as the loan remains unpaid.

Section 3. #sec-3

Interest shall be charged on all loans made by the Puerto Rico Reconstruction Administration at rates to be fixed by the Administrator, which rates shall not be greater than five per cent nor less than three per cent per annum, and need not be uniform ( a ) throughout Puerto Rico or ( b ) on loans of different classes. Where circumstances so require, the Administrator may reduce the rate at which unaccrued interest shall be payable on outstanding loans, but in no case to a rate less than three per cent per annum.

Section 4. #sec-4

All loans shall be for such a period, not to exceed 40 years, as the Administrator shall prescribe. The period for any loan or class of loans shall be fixed by the Administrator upon the basis of ( a ) the use to which the proceeds thereof are to be put, ( b ) the financial resources and earning capacity of the borrower, and ( c ), in the case of loans to finance the purchase of specific property, the estimated life thereof, the probable rate of depreciation, and the amount of the loan as compared with the total purchase price.

Section 5. #sec-5

Unless otherwise authorized by the President, all loans for a period of two years or more shall provide for repayment in equal annual installments, which may include interest in the discretion of the Administrator, except that when the loan is for a period of five years or more, and in the opinion of the Administrator the financial condition of the borrower so justifies, there need be no requirement that any payment be made on the principal during the first three years after the loan is made.

Section 6. #sec-6

Upon default in the repayment of any loan or the payment of interest, the Puerto Rico Reconstruction Administration may ( a ) enforce payment by realizing upon the security and by legal proceedings, ( b ) extend the time of payment where the circumstances so justify, or ( c ) refinance such loan upon terms and conditions not inconsistent with the provisions of this regulation. FRANKLIN D. ROOSEVELT The White House, September 6, 1935.

🔗

Referenced By Later Executive Orders (2)

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

📜

Scholarly & Legal Citations

Exec. Order No. 7180 (Sept. 6, 1935), https://executiveordersarchive.org/orders/app-executive-order-7180-prescribing-rules-and-regulations-governing-the-making-loans-the.