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Executive Order 10851 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 10851—Enlarging the Chattahoochee, Kisatchie, Holly Springs, and Ouachita National Forests

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Friday, November 27, 1959
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6 min read (1,168 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,168 words) • ● In Effect
🎯 Primary Mandate

The exterior boundaries of the Chattahoochee National Forest, in Georgia, the Kisatchie National Forest, in Louisiana, the Holly Springs National Forest, in Mississippi, and the Ouachita National Forest, in Oklahoma, are hereby extended to include, respectively, the areas hereinafter described under the names of such national forests; and, subject to the aforementioned leases and other valid existing rights, all lands of the United States within such areas which have been acquired by the United States under authority of the Emergency Relief Appropriation Act of 1935 or Title III of the Bankhead-Jones Farm Tenant Act and which are being administered as parts of the aforementioned land-utilization projects are hereby added to and reserved…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Private Citizens & Property Owners Public Health & Medical Institutions

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Dwight D. Eisenhower on November 27, 1959, this order concerns Enlarging the Chattahoochee, Kisatchie, Holly Springs, and Ouachita National Forests. The exterior boundaries of the Chattahoochee National Forest, in Georgia, the Kisatchie National Forest, in Louisiana, the Holly Springs National Forest, in Mississippi, and the Ouachita National Forest, in Oklahoma, are hereby extended to include, respectively, the areas hereinafter described under the names of such national forests; and, subject to the aforementioned leases and other valid existing rights, all…

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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The exterior boundaries of the Chattahoochee National Forest, in Georgia, the Kisatchie National Forest, in Louisiana, the Holly Springs National Forest, in Mississippi, and the Ouachita National Forest, in Oklahoma, are hereby extended to include, respectively, the areas hereinafter described under the names of such national forests; and, subject to the aforementioned leases and other valid existing rights, all lands of the United States within such areas which have been acquired by the United States under authority of the Emergency Relief Appropriation Act of 1935 or Title III of the Bankhead-Jones Farm Tenant Act and which are being administered as parts of the aforementioned land-utilization projects are hereby added to and reserved…

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions

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.

🛡️ High Constitutional Concordance
27 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

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

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

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 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%).
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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
1,168
6,504 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
8.1
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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WHEREAS certain lands in the States of Georgia, Louisiana, Mississippi, and Oklahoma have been acquired by the United States under the authority of the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), or Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 525), as amended (7 U.S.C. 1010-1012), for use in connection with the Limestone Valleys, Northwest Louisiana, Claiborne Parish, Yalobusha, and McCurtain County Land Utilization Projects; and WHEREAS, by reason of the transfer effected by Executive Order No. 79081 of June 9, 1938, as amended by Executive Order No. 8531 of August 31, 1940, such projects are now being administered pursuant to Title III of the Bankhead-Jones Farm Tenant Act; and WHEREAS it appears that such lands are suitable for national-forest purposes and that it would be in the public interest to include them in and reserve them as parts of certain hereinafter-designated national forests; and WHEREAS it appears desirable to include within the exterior boundaries of such national forests certain State and privately-owned lands which are so intermingled with the lands owned by the United States that segregation thereof is impracticable; and WHEREAS some of such lands owned by the United States are under lease to Soil Conservation Districts or to individuals, and it is desirable that such leases remain in force and effect until terminated as provided therein:

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, as amended (16 U.S.C. 471), and the act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 473), and upon recommendation of the Secretary of Agriculture, it is ordered as follows: The exterior boundaries of the Chattahoochee National Forest, in Georgia, the Kisatchie National Forest, in Louisiana, the Holly Springs National Forest, in Mississippi, and the Ouachita National Forest, in Oklahoma, are hereby extended to include, respectively, the areas hereinafter described under the names of such national forests; and, subject to the aforementioned leases and other valid existing rights, all lands of the United States within such areas which have been acquired by the United States under authority of the Emergency Relief Appropriation Act of 1935 or Title III of the Bankhead-Jones Farm Tenant Act and which are being administered as parts of the aforementioned land-utilization projects are hereby added to and reserved as parts of the respective national forests: CHATTAHOOCHEE NATIONAL FOREST-GEORGIA Beginning at a point on the Tennessee-Georgia State Line, the county line corner of Catoosa and Whitfield Counties, Georgia; thence south and west with said county line to Tiger Creek Road; thence southeasterly with said road to a point west of the northwest corner of U.S. Tract No. 158; thence due east to said corners; thence south with west boundary of Tract 158; thence east with south boundary of said tract and continuing east to the westerly right-of-way line of the Southern Railroad right-of-way; thence south with said right-of-way to a point due east of the northeast corner of U.S. Tract No. 303; thence west to said corner and with the north boundary thereof, continuing west to the westerly right-of-way line of Waring Road; thence south with said road to the north boundary line of U.S. Tract 156; thence with said tract to its southeast corner near the Pleasant Grove Road; thence in a southeasterly and northeasterly direction with said road to the west and right bank of Coahuila Creek; thence up and with said bank of Coahuila Creek 11/4 miles to a point where an unnamed branch of the Creek enters from the northeast; thence due east to a point on the right and west bank of the Conasauga River; thence up and with the meanders of the Conasauga River and Sugar Creek to the Tennessee State Line; thence west with the Tennessee-Georgia State Line to the place of beginning. The boundaries of the Chattahoochee National Forest addition described herein are graphically shown on the diagram attached hereto and made a part hereof. KISATCHIE NATIONAL FOREST-LOUISIANA LOUISIANA MERIDIAN T. 22 N., R. 4 W., Secs. 1 to 6, inclusive, secs. 9 to 14, inclusive, and sec. 24. T.23N.,R.4 W., Secs. 20 to 22, inclusive, secs. 27 to 29, inclusive, and secs. 31 to 36, inclusive. T. 22 N., R. 5 W., Secs. 6, 7, and secs. 16 to 20, inclusive. T. 22 N., R. 6 W., Secs. 1 to 3, inclusive, secs. 9 to 17, inclusive, secs. 20 to 24, inclusive, and secs. 27 to 30, inclusive. T. 23 N., R. 6 W., Secs. 34 to 36, inclusive. T. 20 N., R. 8W., Secs. 17 to 19, inclusive, and sec. 30. T. 19 N., R. 9 W., Secs. 1 to i5, inclusive, and sec. 11. T. 20 N., R. 9 W., Secs. 1 to 3, inclusive, secs. 9 to 18, inclusive, secs. 20 to 29, inclusive, and secs. 32 to 35, inclusive. T. 21 N., R. 9 W., Secs. 34 to 36, inclusive. HOLLY SPRINGS NATIONAL FORESTT-MISSISSIPPI CHOCTAW MERIDIAN T. 24 N., R. 4 E., Secs. 1 to 3, inclusive, secs. 10 to 15, inclusive, secs. 23 to 26, inclusive, and secs. 35 and 36. T. 25 N., R. 4 E., Secs. 10 to 15, inclusive, secs. 21 to 28, inclusive, and secs. 34 to 36, inclusive. T. 23 N., R. 5 E., Secs. 1 to 3, inclusive. T. 24 N., R. 5 E., Secs. 1 to 27, inclusive, secs. 29 to 32, inclusive, and secs. 34 to 36, inclusive. T. 25 N., R. 5 E., Secs. 3 to 9, inclusive, secs. 16 to 21, inclusive, and secs. 28 to 35, inclusive. CHICKASAW MERIDIAN T. 12 S., R. 6 W.,

Sec. 2. #sec-2

OUACHITA NATIONAL FOREST--OKLAHOMA INDIAN MERIDIAN T. 8 S., R. 24 E., Secs. 7 to 27, inclusive, and secs. 34 to 36, inclusive. T. 9 S., R. 24 E., Secs. 1 and 2. T. 7 S., R. 25 E., Secs. 12 to 18, inclusive, those parts lying south of the Little River; Sec. 19; Secs. 20 and 21, those parts lying south of the Little River; Secs. 22 to 36, inclusive. T. 8 S., R. 25 E. T. 9 S., R. 25 E., Secs. 1 to 17, inclusive, and secs. 20 to 24, inclusive. T. 7 S., R. 26 E., Secs. 9, 10, and 12 to 20, inclusive, those parts lying south of the Little River; Secs. 21 to 36, inclusive. Tps. 8 and 9 S., R. 26 E. T. 7 S., R. 27 E., Secs. 7, 16, 17, 18, those parts lying south of Little River; Sec. 19; Secs. 20 and 21, those parts lying south of Little River; Secs. 28 to 33, inclusive. T. 8 S., R. 27 E., Secs. 4 to 9, inclusive; secs. 16 to 21, inclusive, and secs. 28 to 33, inclusive. T. 9 S., R. 27 E., Secs. 3 to 10, inclusive, secs. 15 to 22, inclusive, and secs. 27 to 34, inclusive. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

November 27, 1959.

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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. 10,851 (Nov. 27, 1959), https://executiveordersarchive.org/orders/app-executive-order-10851-enlarging-the-chattahoochee-kisatchie-holly-springs-and-ouachita.