Executive Order 6261 Constitutional Friction / Overreach (-0.19)

Executive Order 6261—Relating to the Sale and Export of Gold Recovered from Natural Deposits

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Tuesday, August 29, 1933

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2 min read (366 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Franklin D. Roosevelt on 1933-08-29, establishes federal administrative policy concerning "Relating to the Sale and Export of Gold Recovered from Natural Deposits." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: An early statesman would subject this decree to rigorous scrutiny under Article I, Section 8. The Framers deliberately committed commerce, taxation, tariffs, and revenue to Congress alone. To the extent this order imposes duties or financial burdens without explicit statutory pre-authorization, it creates friction with the separation of powers.

Key Directives & Operative Actions

▪ By virtue of the authority vested in me by section 5(b) of the act of October 6, 1917, as amended by section 2 of the act of March 9, 1933, entitled "An act to provide relief in the existing national emergency in banking and for other purposes", I, Franklin D.

▪ Such sales shall be made at a price which the Secretary shall determine to be equal to the best price obtainable in the free gold markets of the world after taking into consideration any incidental expenses such as shipping costs and insurance.

▪ Such sales may be made through the Federal Reserve banks or such other agents as the Secretary may from time to time designate and shall be subject to such charges as the Secretary may from time to time in his judgment determine.

▪ Every person depositing gold for sale as provided herein shall be deemed to have agreed to accept as conclusive without any right of recourse or review, the determination of the Secretary or his duly authorized agent as to the amount due such person as a result of any sale.

Constitutional & Societal Entities Impacted

🏛️ Foreign Nations & International Entities 🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities

Total Words

366

2,105 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

17.9

Post-Grad reading level

Constitutional Polarity

-0.19

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 6261, Franklin D. Roosevelt (Aug 29, 1933). Available at https://executiveordersarchive.org/orders/app-executive-order-6261-relating-the-sale-and-export-gold-recovered-from-natural-deposits.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By virtue of the authority vested in me by section 5(b) of the act of October 6, 1917, as amended by section 2 of the act of March 9, 1933, entitled "An act to provide relief in the existing national emergency in banking and for other purposes", I, Franklin D. Roosevelt, President of the United States of America , do declare that a period of national emergency exists, and by virtue of said authority and of all other authority vested in me, do hereby issue the following Executive order: The Secretary of the Treasury is hereby authorized to receive on consignment for sale, subject to such rules and regulations and upon such conditions as he shall prescribe, gold recovered from natural deposits in the United States or any place subject to the jurisdiction thereof. Sales may be made: (a) To persons licensed to acquire gold for use in the arts, industries, or professions, or (b) By export to foreign purchasers. Such sales shall be made at a price which the Secretary shall determine to be equal to the best price obtainable in the free gold markets of the world after taking into consideration any incidental expenses such as shipping costs and insurance. Such sales may be made through the Federal Reserve banks or such other agents as the Secretary may from time to time designate and shall be subject to such charges as the Secretary may from time to time in his judgment determine. Every person depositing gold for sale as provided herein shall be deemed to have agreed to accept as conclusive without any right of recourse or review, the determination of the Secretary or his duly authorized agent as to the amount due such person as a result of any sale. Consignments shall be sold as nearly as may be in the order of their receipt. The Secretary of the Treasury, in his discretion and subject to such regulations as he may prescribe, is hereby authorized to issue licenses permitting the export of articles fabricated from gold sold pursuant to this Executive order. ————— This Executive order may be modified or revoked at any time. FRANKLIN D. ROOSEVELT The White House, August 29, 1933.