By virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1937, approved June 29, 1937 (50 Stat. 352), it is hereby ordered as follows: 1. There is hereby established a revolving fund, not to exceed in the aggregate $25,000,000, of such amounts as may be transferred thereto from time to time by the Administrator of the Works Progress Administration from funds allocated to that Administration for the prosecution of non-Federal projects under the Emergency Relief Appropriation Act of 1937. This fund is to be known as the "Emergency Relief, Works Progress Administration, Supply Fund, 1938", hereinafter referred to as "the fund". 2. The Administrator of the Works Progress Administration is authorized to promulgate, with the approval of the President, the administrative regulations necessary to accomplish the purposes of this Executive Order. Such regulations and the operations of the fund shall, however, be subject to and not inconsistent with the provisions of Section II(A) of Executive Order No. 7034, dated May 6, 1935 (as continued by Executive Order No. 7396, dated June 22, 1936, and Executive Order No. 7649, dated June 29, 1937) and regulations issued pursuant thereto, and of section 1 of Executive Order No. 6166, dated June 10, 1933. 3. The fund shall be available for the purchase, repair, distribution, and rental of materials, supplies, equipment, and tools, including the maintenance and operation of shops, warehouses, tool depots, and other depositories for the handling of such properties for servicing non-Federal or Federal projects of the Works Progress Administration including the National Youth Administration. 4. Reimbursement shall be made to the fund under regulations issued in accordance with paragraph 2 on statements prepared by the State Works Progress Administrations of the value of materials, supplies, equipment, and tools issued for use on any approved non-Federal or Federal projects of the Works Progress Administration or the National Youth Administration. Such statements shall also include a monthly proration of operating costs against projects chargeable therewith. Such reimbursements shall be made at least monthly through checks drawn by the State Disbursing Officers of the United States Treasury Department and shall be immediately credited to the fund, for use in accordance with the purposes thereof. 5. Under regulations prescribed by the Administrator, the fund shall be charged with the value of all materials, supplies, equipment, and tools which are not required for the completion of any project. The amounts so charged shall be paid from the fund by the State Disbursing Officers of the United States Treasury Department upon statements prepared by the State Works Progress Administrations, the amounts so paid to be immediately deposited to the credit of either Appropriation Symbol 465800, "Emergency Relief, Works Progress Administration (Non-Federal Projects, Approved Prior to June 30, 1937) 1938", or to the official project and appropriation from which the transfer is made, as determined in accordance with administrative regulations. Such reimbursements shall remain available to the Works Progress Administration. 6. A report shall be submitted to the President by the Administrator of the Works Progress Administration showing the amounts of the inventory remaining charged to the fund as of June 30, 1938, with respect to each State, classified according to major categories of materials, supplies, tools, and equipment. 7. Upon liquidation of the "Emergency Relief, Works Progress Administration, Supply Fund 1938", any balance remaining shall be returned to the appropriation contained in the said Emergency Relief Appropriation Act of 1937, approved June 29, 1937. FRANKLIN D. ROOSEVELT The White House, March 12, 1938 .
Executive Order 7838—Establishment of a Supply Fund for the Procurement, Distribution, and Use of Materials, Supplies, and Equipment for Projects of the Works Progress Administration Under the Emergency Relief Appropriation Act of 1937
Executive Brief • At a Glance
There is hereby established a revolving fund, not to exceed in the aggregate $25,000,000, of such amounts as may be transferred thereto from time to time by the Administrator of the Works Progress Administration from funds allocated to that Administration for the prosecution of non-Federal projects under the Emergency Relief Appropriation Act of 1937.
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 March 12, 1938, this order concerns Establishment of a Supply Fund for the Procurement, Distribution, and Use of Materials, Supplies, and Equipment for Projects of the Works Progress Administration Under the Emergency Relief Appropriation Act of 1937. There is hereby established a revolving fund, not to exceed in the aggregate $25,000,000, of such amounts as may be transferred thereto from time to time by the Administrator of the Works Progress Administration from funds allocated to that Administration for the prosecution of non-Federal projects under the Emergency Relief Appropriation Act of 1937.
Key Directives & Operative Actions
There is hereby established a revolving fund, not to exceed in the aggregate $25,000,000, of such amounts as may be transferred thereto from time to time by the Administrator of the Works Progress Administration from funds allocated to that Administration for the prosecution of non-Federal projects under the Emergency Relief Appropriation Act of 1937.
The Administrator of the Works Progress Administration is authorized to promulgate, with the approval of the President, the administrative regulations necessary to accomplish the purposes of this Executive Order.
Such regulations and the operations of the fund shall, however, be subject to and not inconsistent with the provisions of Section II(A) of Executive Order No. 7034, dated May 6, 1935 (as continued by Executive Order No. 7396, dated June 22, 1936, and Executive Order No. 7649, dated June 29, 1937) and regulations issued pursuant thereto, and of section 1 of Executive Order No. 6166, dated June 10, 1933. 3.
The fund shall be available for the purchase, repair, distribution, and rental of materials, supplies, equipment, and tools, including the maintenance and operation of shops, warehouses, tool depots, and other depositories for the handling of such properties for servicing non-Federal or Federal projects of the Works Progress Administration including the National Youth Administration. 4.
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 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."
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.
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.
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.
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
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 7838 (Mar. 12, 1938), https://executiveordersarchive.org/orders/app-executive-order-7838-establishment-supply-fund-for-the-procurement-distribution-and-use.