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Executive Order 7439 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 7439—Amendment of Article XXVIII of the Consular Regulations

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Monday, August 24, 1936
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5 min read (1,006 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,006 words) • ● In Effect
🎯 Primary Mandate

Article XXVIII of the Consular Regulations be, and it is hereby, amended as follows: 1.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

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 24, 1936, this order concerns Amendment of Article XXVIII of the Consular Regulations. Article XXVIII of the Consular Regulations be, and it is hereby, amended as follows: 1. The centered title preceding section 595 is changed to "Commercial reporting and reporting for other departments and independent establishments of the Government". 2. Section 595 is amended to read: "595. Object and general character.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Article XXVIII of the Consular Regulations be, and it is hereby, amended as follows: 1.

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When quotations are given, they should be carefully designated as such with the proper quotation marks, in order that they may not be confused with individual views or conclusions by the writer.

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As soon as possible after the close of each calendar year, every officer in charge of a consular office is required to submit, in accordance with the procedure established for his office, a report on the development of commerce and industry in his district during the previous year." 4.

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Section 597(a) is amended to read: "597A.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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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 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

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.

Anti-Federalist Stance: Eternal Vigilance Required
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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
50 / 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

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

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

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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
1,006
6,311 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
13.3
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
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Official Archival Text

View Source Document

By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes (U.S.C., title 22, sec. 132), it is ordered that Article XXVIII of the Consular Regulations be, and it is hereby, amended as follows: 1. The centered title preceding section 595 is changed to "Commercial reporting and reporting for other departments and independent establishments of the Government". 2. Section 595 is amended to read: "595. Object and general character. The main object in view in the preparation of reports should be to supply accurate information for the use of the Government and American business concerns. "Consular officers should take care that information given in reports is presented accurately and fully, and that facts or figures are not misconstrued in support of their individual theories or opinions. They should not, on the other hand, be mere transmitters of objective data. In addition to setting forth plainly and impartially statistics and positive information, the reporting officer should furnish, in distinct paragraphs, an analytical interpretation of the material presented, and, when appropriate, a full statement of his personal deductions and opinions. "Data must be obtained, as far as possible, from official sources, and the origin must in all cases be clearly indicated. When quotations are given, they should be carefully designated as such with the proper quotation marks, in order that they may not be confused with individual views or conclusions by the writer. In those portions of reports which are intended for publication, reference to political or controversial matters should be omitted, and particular care should be exercised to avoid unfavorable comments or criticism upon the government, people, or institutions of the country. "It is a part of a consular officer's duty to transmit promptly to the Department of State commercial and other information of a political or controversial nature whenever it appears that the interests of the United States, or of American commerce, may be served thereby; but such communications should be in the form of separate despatches or special sections of reports conspicuously marked 'Confidential', to indicate that they are intended for the information of the Government alone." 3. Section 597 is amended to read: "597. Annual report on commerce and industry. As soon as possible after the close of each calendar year, every officer in charge of a consular office is required to submit, in accordance with the procedure established for his office, a report on the development of commerce and industry in his district during the previous year." 4. Section 597(a) is amended to read: "597A. Current economic and commercial reports. In order that the Department may be kept informed throughout the year upon the economic developments that may be of interest to the American business public, concise, timely reports upon the commerce, finance, and industry of each consular district should be prepared as developments occur. These reports will be used for the information of the Department of State and by the Bureau of Foreign and Domestic Commerce of the Department of Commerce in the preparation of its reviews of various countries and geographical units." 5. Section 598 is prescribed as follows: "598. Reports on transportation. Consular officers should submit for the use of the Department of State and other interested departments and establishments of the Government, reports regarding transportation, terminal facilities, and coordination of the various forms of transportation." 6. Section 600 is amended to read: "600. Voluntary reports. Consular officers are expected to report on their own initiative concerning all matters arising in their districts of a kind to be of use to American business concerns or to the various departments and independent establishments of the Government. In respect to many subjects it will not suffice to report accomplished facts, but officers should study the probable course of development in order that it may be pointed out In time to be of use." 7. Section 602 is amended to read: "602. Information regarding foreign firms. There shall be maintained in each consular office a list or file of the principal commercial and industrial firms in the consular district, and this information shall be furnished the Secretary of State as he may direct. Brief special lists of foreign firms interested in specific classes of business (sec. 603C) and World Trade Directory reports on individual firms shall be prepared in accordance with specific directions from the Department." 8. The title of section 603(f) is changed to "Transmission of correspondence". 9. The title of section 603(h) is changed to "Consular officers not to act as agents". 10. The words "as usual" in the seventh line of section 603 (j) are deleted. 11. Section 603(k) is amended to read: "603K. Arbitration of disputes. Consular officers are not authorized to act as arbitrators in trade disputes. They may, however, submit with the usual waiver of responsibility the names of individuals considered best suited to act as arbitrators in the event that arbitration seems feasible. "Surveys. Consular officers are sometimes asked to appoint boards of survey to examine and report on the condition of American merchandise imported into foreign countries of which complaint has been made by the importers. A consular officer has no statutory authority in this respect, and the findings of such a board would be without conclusive effect in the United States. Nevertheless, if the local law does not forbid, consular officers should accede to requests of this character, using their best efforts and judgment to find impartial experts competent to perform the work in hand. The findings of the board may be forwarded by the consular officer, through the Department of State, to the exporter in the United States, together with any comments he may consider appropriate. Oaths of the surveyors to their findings are unnecessary, but may be administered when requested by the person calling for the survey, a fee of $2 (item 33 of the tariff of fees) being charged." 12. The numbers of sections 603(a) to 603 (m), inclusive, are changed to 603A, 603B, etc. FRANKLIN D ROOSEVELT

THE WHITE HOUSE, #signature

August 24, 1936.

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Referenced By Later Executive Orders (1)

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

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Scholarly & Legal Citations

Exec. Order No. 7439 (Aug. 24, 1936), https://executiveordersarchive.org/orders/app-executive-order-7439-amendment-article-xxviii-the-consular-regulations.