I hereby authorize and direct Charles O. Gregory, Solicitor of Labor, to perform the duties of Secretary of Labor during the absence of the Secretary of Labor and the Assistant Secretary of Labor.
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on June 22, 1936, this order concerns Authorizing Charles O. Gregory to Act as Secretary of Labor. I hereby authorize and direct Charles O. Gregory, Solicitor of Labor, to perform the duties of Secretary of Labor during the absence of the Secretary of Labor and the Assistant Secretary of Labor.
I hereby authorize and direct Charles O. Gregory, Solicitor of Labor, to perform the duties of Secretary of Labor during the absence of the Secretary of Labor and the Assistant Secretary of Labor.
Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"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."
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.
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.
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Engages state and local partners in cooperative federalism programs.
Focuses on internal governmental operations with no direct impairment of private rights or property.
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
By virtue of the authority vested in me under the provisions of section 179 of the Revised Statutes of the United States (5 U.S.C., sec. 6), I hereby authorize and direct Charles O. Gregory, Solicitor of Labor, to perform the duties of Secretary of Labor during the absence of the Secretary of Labor and the Assistant Secretary of Labor. FRANKLIN D ROOSEVELT
June 22, 1936.
Other executive actions signed by Franklin D. Roosevelt around this period.
The expenditure of funds appropriated by said Act, and the administration thereof, shall be in accordance with the orders, rules, and regulations heretofore issued by the President relating to the expenditure of funds appropriated by the Emergency Relief Appropriation Act of…
Franklin D. Roosevelt Exempt Henry Blackwood from the provisions thereof and continue him in the service until July 1, 1937.
Franklin D. Roosevelt Subdivision IX of Schedule A of the Civil Service Rules is hereby amended by adding thereto the following paragraph: "7. Any local veterinarian employed on a fee basis or a part-time basis, where in the opinion of the Commission the establishment of registers is impracticable."
Franklin D. Roosevelt The following-described area of land in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a naval reservation, which shall be known as U.S. Naval Radio Station, Summit, Canal Zone, and shall be under the control and jurisdiction of…
Franklin D. Roosevelt The Federal Fire Council is hereby established as an official advisory agency in matters relating to the protection of Federal employees and property from fire. 2.
Franklin D. Roosevelt Exempt Miss Jessie McL. Watson from the provisions thereof and continue her in the service until August 1, 1937.
Franklin D. Roosevelt Exec. Order No. 7398 (June 22, 1936), https://executiveordersarchive.org/orders/app-executive-order-7398-authorizing-charles-o-gregory-act-secretary-labor.
