By virtue of and pursuant to the authority vested in me by section 11 of the act entitled "AN ACT To regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes", approved February 22, 1935 (49 Stat. 30), as amended by the act of June 14, 1937, Public No. 145, 75th Congress, I hereby designate and appoint the Secretary of the Interior as the agent of the President to execute all of the powers and functions vested in the President by the said act except those vested in him by section 4 thereof: Provided , that no regulation prescribed by the Secretary of the Interior under section 5(a) of the said act the violation of which is punishable by fine or imprisonment shall be effective unless and until approved by the President; and I hereby expressly authorize the Secretary of the Interior to establish a Petroleum Conservation Division in the Department of the Interior, the functions and duties of which shall be: (1) to assist, in such manner as may be prescribed by the Secretary of the Interior, in administering the said act, (2) to cooperate with the oil- and gas-producing States in the prevention of waste in oil and gas production and in the adoption of uniform oil- and gas-conservation laws and regulations, and (3) to keep informed currently as to facts which may be required for the exercise of the responsibility of the President under section 4 of the said act. FRANKLIN D ROOSEVELT The White House, December 1, 1937.
Executive Order 7756 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 7756—Delegating to the Secretary of the Interior Certain Powers and Functions Vested in the President by the Act of February 22, 1935, Ch. 18, 49 Stat. 30, as Amended, and Authorizing the Establishment of a Petroleum Conservation Division
Executive Brief • At a Glance
⏱️ 1 min read (274 words) •
● In Effect
🎯 Primary Mandate
I hereby designate and appoint the Secretary of the Interior as the agent of the President to execute all of the powers and functions vested in the President by the said act except those vested in him by section 4 thereof: Provided , that no regulation prescribed by the Secretary of the Interior under section 5(a) of the said act the violation of which is punishable by fine or imprisonment shall be effective unless and until approved by the President; and I hereby expressly authorize the Secretary of the Interior to establish a Petroleum Conservation Division in the Department of the Interior, the functions and duties of which shall be: (1) to assist, in such manner as may be prescribed by the Secretary of the Interior, in administering…
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ 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 December 1, 1937, this order concerns Delegating to the Secretary of the Interior Certain Powers and Functions Vested in the President by the Act of February 22, 1935, Ch. 18, 49 Stat. 30, as Amended, and Authorizing the Establishment of a Petroleum Conservation Division. I hereby designate and appoint the Secretary of the Interior as the agent of the President to execute all of the powers and functions vested in the President by the said act except those vested in him by section 4 thereof: Provided , that no regulation prescribed by the Secretary of the Interior under section 5(a) of the said act the violation of which is punishable by fine or imprisonment shall be effective unless…
Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.
Key Directives & Operative Actions
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I hereby designate and appoint the Secretary of the Interior as the agent of the President to execute all of the powers and functions vested in the President by the said act except those vested in him by section 4 thereof: Provided , that no regulation prescribed by the Secretary of the Interior under section 5(a) of the said act the violation of which is punishable by fine or imprisonment shall be effective unless and until approved by the President; and I hereby expressly authorize the Secretary of the Interior to establish a Petroleum Conservation Division in the Department of the Interior, the functions and duties of which shall be: (1) to assist, in such manner as may be prescribed by the Secretary of the Interior, in administering…
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
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
"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: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
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.
🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
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
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
274
1,583 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
30.6
Post-Graduate Legal
Text size:
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Referenced By Later Executive Orders (3)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Dwight D. Eisenhower • 1958-02-12
Amends Executive Order 9732—Relating to the Administration of the Act of February 22, 1935, as Amended
Harry S Truman • 1946-06-03
References Executive Order 7758—Constituting Designated Area, and Establishing Federal Tender Board No. 1
Franklin D. Roosevelt • 1937-12-01
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 7759 Dec 1, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7759—Revoking Executive Orders Nos. 7024-B and 7129-A
📜 10th Amend: Intergovernmental Federalism Cooperation
Said Executive Orders No. 7024-B and No. 7129-A are hereby revoked and superseded by Executive Order No. 7757 (Regulations Under the Act of February 22, 1935 As Amended by the Act of June 14, 1937) and Executive Order No. 7758 (Constituting Designated Area, and Establishing…
Franklin D. Roosevelt High School • 1m
EO 7758 Dec 1, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7758—Constituting Designated Area, and Establishing Federal Tender Board No. 1
📜 10th Amend: Intergovernmental Federalism Cooperation
Article I That part of the State of Texas included within the Counties of Gregg, Upshur, Smith, Rusk, and that part of Cherokee Comity covered by the Miguel de los Santos Coy, Pratt and Wesley Dikes Surveys (to be known as the East Texas Field) is hereby constituted a…
Franklin D. Roosevelt Post-Graduate Legal • 6m
EO 7757 Dec 1, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7757—Regulations Under the Act of February 22, 1935 as Amended by the Act of June 14, 1937
📜 Art. I §8: Delegated Tariff & Commerce Execution
Whereas , by virtue of and pursuant to the authority vested in me by the Act of Congress entitled "An Act To regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation…
Franklin D. Roosevelt Post-Graduate Legal • 27m
EO 7762 Dec 3, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7762—Exemption of John W. Woermann From Compulsory Retirement for Age
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Exempt Mr. Woermann from the provisions thereof and continue him in the service until February 1, 1939.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7761 Dec 3, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7761—Extending Limits of Customs Port of Entry of Wilmington, North Carolina
📜 Art. I §8: Delegated Tariff & Commerce Execution
The limits of the customs port of entry of Wilmington, North Carolina, in Customs Collection District No. 15 (North Carolina), are hereby extended to include the Township of Northwest, and those portions of the Townships of Wilmington and Cape Fear which are not included within…
Franklin D. Roosevelt Grade 8 • 1m
EO 7760 Dec 3, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7760—Withdrawal of Public Lands for the Use of the Department of Agriculture
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 6964 of February 5, 1935, as amended, temporarily withdrawing certain lands for classification and other purposes, is hereby revoked in so far as it affects any public lands within the following-described area in Nebraska: SIXTH PRINCIPAL MERIDIAN T. 31 N.…
Franklin D. Roosevelt Grade 9 • 3m
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Scholarly & Legal Citations
Exec. Order No. 7756 (Dec. 1, 1937), https://executiveordersarchive.org/orders/app-executive-order-7756-delegating-the-secretary-the-interior-certain-powers-and-functions.
