By virtue of and pursuant to the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., Title 5, section 631), and as President of the United States, the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, municipal, or other local offices, is hereby further amended so as to permit any state, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, to serve as a district advisor under the Act of June 28, 1934 (48 Stat. 1269), as amended, at a per diem salary for intermittent duty, when in the opinion of the Secretary of the Interior such services are required in the interest of grazing on the public lands. FRANKLIN D ROOSEVELT The White House, June 17, 1937.
Executive Order 7636 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 7636—Amendment of the Executive Order of January 17, 1873, Relating to the Holding of State or Local Offices by Federal Officers and Employees
Executive Brief • At a Glance
⏱️ 1 min read (149 words) •
● In Effect
🎯 Primary Mandate
The Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, municipal, or other local offices, is hereby further amended so as to permit any state, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, to serve as a district advisor under the Act of June 28, 1934 (48 Stat. 1269), as amended, at a per diem salary for intermittent duty, when in the opinion of the Secretary of the Interior such services are required in the interest of grazing on the public lands.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
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 June 17, 1937, this order concerns Amendment of the Executive Order of January 17, 1873, Relating to the Holding of State or Local Offices by Federal Officers and Employees. The Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, municipal, or other local offices, is hereby further amended so as to permit any state, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, to serve as a district advisor under the Act of…
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
▪
The Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, municipal, or other local offices, is hereby further amended so as to permit any state, county, or municipal officer, when duly elected by qualified voters of a grazing district and appointed by the Secretary of the Interior, to serve as a district advisor under the Act of June 28, 1934 (48 Stat. 1269), as amended, at a per diem salary for intermittent duty, when in the opinion of the Secretary of the Interior such services are required in the interest of grazing on the public lands.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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.
🏛️✅ Zone 1 (Maximum Authority)
§
"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
📐
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
35 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Moderate Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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%).
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
149
871 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
19.1
Post-Graduate Legal
Text size:
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John W. Bailey, Junior, and George Gregg Fuller, who resigned their positions as officers in the Foreign Service of the United States on March 31, 1935, and April 4, 1935, respectively, to accept appointments to positions in the Department of State, be, and they are hereby…
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Except as hereinafter provided, the transfers, consolidations, and eliminations contemplated by section 4 of Executive Order No. 6166 of June 10, 1933, as amended, which are not effected prior to June 30, 1937, pursuant to Executive Orders No. 6224 of July 27, 1933, No. 6540 of…
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📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt William F. Staley from the provisions thereof and continue him in the service until August 1, 1938.
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EO 7637 Jun 19, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7637—Exemption of John H. Thomas From Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt John H. Thomas from the provisions thereof and continue him in the service until October 1, 1938.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7633 Jun 15, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7633—Authorizing the Appointment of William R. Benham to a Classified Position in the Department of Justice Without Regard to the Civil Service Rules
📜 Art. II §3: Administrative Management & Civil Service
William R. Benham may be appointed to a competitive classified position in the Department of Justice without compliance with the requirements of the Civil Service Rules. This order is recommended by the Attorney General of the United States.
Franklin D. Roosevelt High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 7636 (June 17, 1937), https://executiveordersarchive.org/orders/app-executive-order-7636-amendment-the-executive-order-january-17-1873-relating-the-holding.
