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

Executive Order

•
Thursday, February 26, 1885
•
3 min read (515 words)

Executive Brief • At a Glance

⏱️ 3 min read (515 words) • ● In Effect
🎯 Primary Mandate

That the provisions of chapter 3, Title XXIII, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force except as herein specially otherwise provided; and the importation, manufacture, and sale of intoxicating liquors in said district, except for medicinal, mechanical, and scientific purposes, is hereby prohibited under the penalties which are provided in section 1955 of the Revised Statutes for the wrongful importation of distilled spirits; and the President of the United States shall make such regulations as are necessary to carry out the provisions of this section." To enforce this section of law the following regulations are prescribed: No intoxicating liquors shall be…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants 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 Chester A. Arthur on February 26, 1885, this order reads: Washington, D.C., February 26, 1885. Attention is called to the following section of the act of May 17, 1884, entitled "An act providing a civil government for Alaska:" "SEC. 14. That the provisions of chapter 3, Title XXIII, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force except as herein specially otherwise provided; and the importation…

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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That the provisions of chapter 3, Title XXIII, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force except as herein specially otherwise provided; and the importation, manufacture, and sale of intoxicating liquors in said district, except for medicinal, mechanical, and scientific purposes, is hereby prohibited under the penalties which are provided in section 1955 of the Revised Statutes for the wrongful importation of distilled spirits; and the President of the United States shall make such regulations as are necessary to carry out the provisions of this section." To enforce this section of law the following regulations are prescribed: No intoxicating liquors shall be…

▪

No person shall manufacture or sell intoxicating liquors within the Territory of Alaska without first having obtained a license from the governor of said Territory, to be issued upon evidence satisfactory to that officer that the making and sale of such liquor will be conducted strictly in accordance with the requirements of the statute.

▪

Any intoxicating liquors imported, manufactured, or sold within the limits of said Territory in violation of these regulations, and the persons engaged in such violation, will be dealt with in the manner prescribed in section 1955 of the Revised Statutes; and the governor of Alaska and the officers of the customs at any port or place in the United States from which intoxicating liquors may be shipped to that Territory, as well as officers of the United States within that Territory, are hereby authorized respectively to exact, in their discretion, a bond of the character mentioned in section 1955, Revised Statutes, from the master or mate of any vessel and from the persons in such Territory to whom the liquors may be sent.

▪

The penalty prescribed by section 1955, Revised Statutes, for violation of the law is a fine not exceeding $500, or imprisonment not more than six months, and the forfeiture of the vessel bringing the merchandise and her cargo, together with her tackle, apparel, and furniture, where the value of the merchandise exceeds $400.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities
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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)
§

"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
40 / 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

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 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
515
3,174 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
21.5
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, Washington, D.C., February 26, 1885. Attention is called to the following section of the act of May 17, 1884, entitled "An act providing a civil government for Alaska:" "SEC. 14. That the provisions of chapter 3, Title XXIII, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force except as herein specially otherwise provided; and the importation, manufacture, and sale of intoxicating liquors in said district, except for medicinal, mechanical, and scientific purposes, is hereby prohibited under the penalties which are provided in section 1955 of the Revised Statutes for the wrongful importation of distilled spirits; and the President of the United States shall make such regulations as are necessary to carry out the provisions of this section." To enforce this section of law the following regulations are prescribed: No intoxicating liquors shall be landed at any port or place in said Territory without a permit from the chief officer of the customs at such port or place, to be issued upon evidence satisfactory to such officer that the liquors are imported and are to be used solely for medicinal, mechanical, and scientific purposes. No person shall manufacture or sell intoxicating liquors within the Territory of Alaska without first having obtained a license from the governor of said Territory, to be issued upon evidence satisfactory to that officer that the making and sale of such liquor will be conducted strictly in accordance with the requirements of the statute. Any intoxicating liquors imported, manufactured, or sold within the limits of said Territory in violation of these regulations, and the persons engaged in such violation, will be dealt with in the manner prescribed in section 1955 of the Revised Statutes; and the governor of Alaska and the officers of the customs at any port or place in the United States from which intoxicating liquors may be shipped to that Territory, as well as officers of the United States within that Territory, are hereby authorized respectively to exact, in their discretion, a bond of the character mentioned in section 1955, Revised Statutes, from the master or mate of any vessel and from the persons in such Territory to whom the liquors may be sent. The penalty prescribed by section 1955, Revised Statutes, for violation of the law is a fine not exceeding $500, or imprisonment not more than six months, and the forfeiture of the vessel bringing the merchandise and her cargo, together with her tackle, apparel, and furniture, where the value of the merchandise exceeds $400. Where the value does not exceed $400, the penalty is forfeiture of the merchandise. The proper officers within the Territory are charged with the execution of the law and these regulations. Intoxicating liquors forfeited under the provisions of this act will be subject to sale under the same provisions of law as govern the sale of other goods that may have become liable to forfeiture, but will only be delivered for removal beyond the limits of the Territory. H. MCCULLOCH, Secretary. Approved: CHESTER A. ARTHUR

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Scholarly & Legal Citations

Exec. Order (Feb. 26, 1885), https://executiveordersarchive.org/orders/app-executive-order-310.