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Executive Order 10374 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 10374—Enlarging the Nicolet and Chequamegon National Forests, Wisconsin

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Tuesday, July 15, 1952
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5 min read (1,078 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,078 words) • ● In Effect
🎯 Primary Mandate

All lands within the present boundaries of the Nicolet and Chequmegon National Forests which have been acquired by the United States through exchange under the authority of Title III of the Bank-head Jones Farm Tenant Act, as amended, are hereby added to and reserved as parts of the respective national forests within which they are situated; and all such lands hereafter acquired by the United States in the manner and under the authority stated shall likewise be added to and reserved as parts of the said forest immediately upon acquisition of title thereto by the United States.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
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 Harry S Truman on July 15, 1952, this order concerns Enlarging the Nicolet and Chequamegon National Forests, Wisconsin. All lands within the present boundaries of the Nicolet and Chequmegon National Forests which have been acquired by the United States through exchange under the authority of Title III of the Bank-head Jones Farm Tenant Act, as amended, are hereby added to and reserved as parts of the respective national forests within which they are situated; and all such lands hereafter acquired by the United States in the manner…

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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All lands within the present boundaries of the Nicolet and Chequmegon National Forests which have been acquired by the United States through exchange under the authority of Title III of the Bank-head Jones Farm Tenant Act, as amended, are hereby added to and reserved as parts of the respective national forests within which they are situated; and all such lands hereafter acquired by the United States in the manner and under the authority stated shall likewise be added to and reserved as parts of the said forest immediately upon acquisition of title thereto by the United States.

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The following-described land, which has been acquired by the United State under the authority of the said act of March 1, 1911, as amended, and which is adjacent to the Nicolet National Forest, is hereby added to and reserved as a part of the said forest: FOURTH PRINCIPAL MERIDIAN Beginning at the northwest corner of sec. 3, T. 38 N., R. 11 E., thence by metes and bounds: East, 160 feet, approximately, to the shore line of Laurel Lake.

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Sec. 3 The exterior boundaries of the Chequamegon National Forest are hereby extended to include the following-described area, and all lands within such area which have been acquired by the Title III of the Bankhead-Jones Farm Tenant Act, as amended, or the said act of March 1, 1911, as amended, are herby added to land reserved as parts of the Chequamegon National Forest; and all such lands hereafter acquired by the United States under such authority shall likewise be added to and reserved as parts of the said forest immediately upon acquisition of title thereto by the United States.

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T. 52 N., R.5 W., Fourth Principal Meridian, Wisconsin, aggregating approximately 109 acres, which were reserved for lighthouse purposes by Executive order of July 221, 1871, and hereby added to and reserved as parts of the Chequamegon National Forest; and the said Executive order of July 21, 1871, is hereby revoked so far as it affects such lands: TRACT NO. 1 Beginning at a point on the west shore of Sand Island in lot 1, sec. 12, T. 52 N., R. 5 W., from which a point on the shore line intersected by a line extended due west from the center of old light tower which is attached to a dwelling, bears south 15 feet; thence due east, approximately 530 feet to the east shore line of lot 1; thence northwesterly, westerly and southwesterly along…

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

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

"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.

⚖️ Discretionary Twilight Zone
31 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

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

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
1,078
6,193 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
12.8
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS the United States has acquired through exchange under the authority of Title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525), as amended (7 U.S.C. 1010-1013), certain lands lying within the present boundaries of the Nicolet National Forest and the Chequamegon National Forest, in Wisconsin; and it is contemplated that the United States will from time to time hereafter acquire through exchange under the said authority additional lands lying within the present boundaries of the said forests; and WHEREAS the United States has also acquired through exchange under the authority of the said Title III, as amended, or the act of March 1, 1911, 36 Stat. 963, as amended, certain lands adjacent to or in an area adjacent to the said forests; and it is contemplated that the United States will from time to time hereafter acquire through exchange under the said authority additional lands lying within the said area; and WHEREAS certain of the public lands which were reserved for lighthouse purposes, by Executive order of July 21, 1871, and which have been declared surplus to the needs of the Lighthouse Service and transferred to the Department of Agriculture for the use of the Forest Service, are adjacent to the Chequamegon National Forest and; WHEREAS it appears that the above-described lands are suitable for national-forest purposes and that it would be in the public interest to reserve such lands as parts of the Nicolet National Forest or the Chequamegon National Forest, as hereinafter indicated:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by section 24 of the act of March 3, 1891, 26 Stat. 1103 (16 U.S.C. 471), section 1 of the act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 473), and section 11 of the act of March 1, 1911, 36 Stat. 963 (16 U.S.C. 521), and as President of the United States, and upon the recommendation of the Secretary of Agriculture, it is ordered as follows: SECTION 1. All lands within the present boundaries of the Nicolet and Chequmegon National Forests which have been acquired by the United States through exchange under the authority of Title III of the Bank-head Jones Farm Tenant Act, as amended, are hereby added to and reserved as parts of the respective national forests within which they are situated; and all such lands hereafter acquired by the United States in the manner and under the authority stated shall likewise be added to and reserved as parts of the said forest immediately upon acquisition of title thereto by the United States. SEC. 2. The following-described land, which has been acquired by the United State under the authority of the said act of March 1, 1911, as amended, and which is adjacent to the Nicolet National Forest, is hereby added to and reserved as a part of the said forest: FOURTH PRINCIPAL MERIDIAN Beginning at the northwest corner of sec. 3, T. 38 N., R. 11 E., thence by metes and bounds: East, 160 feet, approximately, to the shore line of Laurel Lake. Southwesterly, along shore line of Laurel Lake to intersection of the west boundary line of sec. 3. North, along west boundary line of sec. 3, to point of beginning. The tract described contains approximately 0.75 acre. Sec. 3 The exterior boundaries of the Chequamegon National Forest are hereby extended to include the following-described area, and all lands within such area which have been acquired by the Title III of the Bankhead-Jones Farm Tenant Act, as amended, or the said act of March 1, 1911, as amended, are herby added to land reserved as parts of the Chequamegon National Forest; and all such lands hereafter acquired by the United States under such authority shall likewise be added to and reserved as parts of the said forest immediately upon acquisition of title thereto by the United States. FOURTH PRINCIPAL MERIDIAN T. 47 N., R. 6 W., Sec. 2, S½ Sec. 3, S½ Sec. 4, S½ Secs. 8 and 17. T. 48 N., R. 6 W. Secs. 12, 13, and 24 The tract described contains approximately 4,160 acres. SEC. 4 Except as to the following-described lands and right-of-way, all public lands in fractional section 7, T. 52 N., R. 4 W. and fractional section 12. T. 52 N., R.5 W., Fourth Principal Meridian, Wisconsin, aggregating approximately 109 acres, which were reserved for lighthouse purposes by Executive order of July 221, 1871, and hereby added to and reserved as parts of the Chequamegon National Forest; and the said Executive order of July 21, 1871, is hereby revoked so far as it affects such lands: TRACT NO. 1 Beginning at a point on the west shore of Sand Island in lot 1, sec. 12, T. 52 N., R. 5 W., from which a point on the shore line intersected by a line extended due west from the center of old light tower which is attached to a dwelling, bears south 15 feet; thence due east, approximately 530 feet to the east shore line of lot 1; thence northwesterly, westerly and southwesterly along the shore line of lot 1 to point of beginning. This tract contains approximately 1.03 acres. TRACT NO. 2 Beginning at a point on the west shore of lot 2, sec. 12, T. 52 N., R. 5 W., from which a point on the south boundary of lot 1, section 12 is due north approximately 530 feet, and from which the present boathouse bears north 100 feet, thence by metes and bounds: East 200 feet North 200 feet West 340 feet, approximately to shore line, Southerly along shore line to point of beginning. This tract contains approximately 0.9.2 acre. RIGHT-OF-WAY A right-of-way 25 feet in width, connecting Tracts NOS. 1 and 2, described above, the center line of which is described as follows: Beginning at a point on the north boundary of Tract No. 2, from which the northeast corner of said tract bears east approximately 160 feet; thence on an approximate bearing and distance of N. 1' 30" E., 1320 feet to the south boundary of Tract. No.1. SEC. 5. All lands to which this order is applicable which have been or may hereafter be acquired under authority of the said Title III of the Bankhead-Jones Farm Tenant Act, as amended, shall be administered under the laws, rules, and regulations applicable to national-forest lands acquired under the said act of March 1, 1911, as amended. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

July 15, 1952

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 10,374 (July 15, 1952), https://executiveordersarchive.org/orders/app-executive-order-10374-enlarging-the-nicolet-and-chequamegon-national-forests-wisconsin.