By virtue of and pursuant to the authority vested in me under the Emergency Relief Appropriation Act of 1935 (49 Stat. 115) and the Emergency Relief Appropriation Act of 1937, approved June 29, 1937 (Pub. Res. No. 47, 75th Cong.), and otherwise, it is hereby ordered as follows: 1. The National Emergency Council, reestablished by Executive Order No. 7073 of June 13, 1935, is hereby abolished as of December 31, 1937. 2. All funds allocated to the National Emergency Council from the appropriation contained in the Emergency Relief Appropriation Act of 1937 which remain unobligated on December 31, 1937, shall be retransfered to the appropriation made by said Act. 3. All records, papers, equipment, and other property of the National Emergency Council shall be transferred to the Bureau of the Budget on or before December 31, 1937.
Executive Order 7709-A Abolishing The National Emergency Council.
Executive Brief • At a Glance
The National Emergency Council, reestablished by Executive Order No. 7073 of June 13, 1935, is hereby abolished as of December 31, 1937. 2.
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 16, 1937, this order concerns Abolishing The National Emergency Council. The National Emergency Council, reestablished by Executive Order No. 7073 of June 13, 1935, is hereby abolished as of December 31, 1937. 2. All funds allocated to the National Emergency Council from the appropriation contained in the Emergency Relief Appropriation Act of 1937 which remain unobligated on December 31, 1937, shall be retransfered to the appropriation made by said Act. 3.
Key Directives & Operative Actions
The National Emergency Council, reestablished by Executive Order No. 7073 of June 13, 1935, is hereby abolished as of December 31, 1937. 2.
All funds allocated to the National Emergency Council from the appropriation contained in the Emergency Relief Appropriation Act of 1937 which remain unobligated on December 31, 1937, shall be retransfered to the appropriation made by said Act. 3.
All records, papers, equipment, and other property of the National Emergency Council shall be transferred to the Bureau of the Budget on or before December 31, 1937.
Constitutional & Societal Entities Impacted
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.
"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
Alexander Hamilton
The Energetic Executive & Unified Command
"The President is no King. He possesses no prerogative to dispense with statutes or command obedience contrary to the fundamental charter." — Federalist No. 69 (1788)
Even Hamilton—the staunchest advocate of presidential energy—drew a sharp line at royal prerogative in Federalist 69. While defending vigor, Hamilton conceded that an order clashing with established statutory boundaries strains the constitutional fabric and invites judicial nullification or political backlash.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.
Youngstown Jacksonian Tier
The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
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. 7709 (Sept. 16, 1937), https://executiveordersarchive.org/orders/app-executive-order-7709-abolishing-the-national-emergency-council.