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Executive Order 7838 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

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

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Saturday, March 12, 1938
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3 min read (586 words)

Executive Brief • At a Glance

⏱️ 3 min read (586 words) • ● In Effect
🎯 Primary Mandate

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.

⚖️ 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 Public Health & Medical Institutions Financial Institutions & Monetary Authorities

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.

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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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.

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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.

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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.

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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

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

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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
43 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Low Friction

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

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
586
3,847 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
17
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

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 .

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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.