By virtue of the power and authority vested in me by "An Act to define, regulate and punish trading with the enemy, and for other purposes", known as the "Trading with the Enemy Act", approved October 6, 1917, and amendments thereto, I hereby make the following order, rule and regulation: I hereby vest in the Alien Property Custodian, and in the event of his death, resignation, absence or disability, in the General Counsel, and in the event of his death, resignation, absence or disability during his period of authority, then in the Managing Director of the Office of the Alien Property Custodian, all power and authority conferred upon me by the provisions of the Act approved October 6, 1917, known as the "Trading with the Enemy Act", as amended, pertaining to the deposit, transfer, and payment of moneys, and interest which may have accrued thereon, which may be or have been deposited with the Treasurer of the United States, and to release and deliver property held under and by virtue of said Acts: Provided, however, that all claims which are required to be submitted to the Attorney General and to the President, as provided in the Executive Order of April 23, 1928, shall continue to be submitted to the Attorney General and to the President. Any order of payment of money, and interest, which may be executed by said officials shall constitute a ratification of all previous orders or acts, by virtue of which the funds in the possession of the Treasurer of the United States have been placed to the credit of the particular trusts on which such orders are drawn. I hereby revoke all former orders in conflict herewith. HERBERT HOOVER The White House, May 14, 1929.
Executive Order 5113 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 5113-A—Delegating Further Authority to the Alien Property Custodian Under the Trading with the Enemy Act
Executive Brief • At a Glance
⏱️ 1 min read (289 words) •
● In Effect
🎯 Primary Mandate
I hereby make the following order, rule and regulation: I hereby vest in the Alien Property Custodian, and in the event of his death, resignation, absence or disability, in the General Counsel, and in the event of his death, resignation, absence or disability during his period of authority, then in the Managing Director of the Office of the Alien Property Custodian, all power and authority conferred upon me by the provisions of the Act approved October 6, 1917, known as the "Trading with the Enemy Act", as amended, pertaining to the deposit, transfer, and payment of moneys, and interest which may have accrued thereon, which may be or have been deposited with the Treasurer of the United States, and to release and deliver property held…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on May 14, 1929, this order concerns Delegating Further Authority to the Alien Property Custodian Under the Trading with the Enemy Act. I hereby make the following order, rule and regulation: I hereby vest in the Alien Property Custodian, and in the event of his death, resignation, absence or disability, in the General Counsel, and in the event of his death, resignation, absence or disability during his period of authority, then in the Managing Director of the Office of the Alien Property Custodian, all power and authority conferred upon me by the…
Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.
Key Directives & Operative Actions
▪
I hereby make the following order, rule and regulation: I hereby vest in the Alien Property Custodian, and in the event of his death, resignation, absence or disability, in the General Counsel, and in the event of his death, resignation, absence or disability during his period of authority, then in the Managing Director of the Office of the Alien Property Custodian, all power and authority conferred upon me by the provisions of the Act approved October 6, 1917, known as the "Trading with the Enemy Act", as amended, pertaining to the deposit, transfer, and payment of moneys, and interest which may have accrued thereon, which may be or have been deposited with the Treasurer of the United States, and to release and deliver property held…
▪
Any order of payment of money, and interest, which may be executed by said officials shall constitute a ratification of all previous orders or acts, by virtue of which the funds in the possession of the Treasurer of the United States have been placed to the credit of the particular trusts on which such orders are drawn.
▪
I hereby revoke all former orders in conflict herewith.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
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: Defends Vigor & Dispatch
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Anti-Federalist Stance: High Bill of Rights Scrutiny
📐
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
50 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
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
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
High Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
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
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
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%).
ℹ️
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
289
1,682 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
32.1
Post-Graduate Legal
Text size:
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 5th Amend: Regulatory Execution with Due Process
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EO 5112 May 14, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §3: Administrative Management & Civil Service
Mrs. Juliette V. Harring may be appointed to an appropriate position in the Department of Commerce without regard to the civil service rules.
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EO 5116 May 15, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §1: Executive Discretion & Internal Operations
The public lands in T. 1 N., R. 26 W., 5th P.M., Arkansas, be and the same are hereby withdrawn from settlement, location, sale, entry and all forms of appropriation, pending a resurvey of said township under the act of March 3, 1909 (35 Stat. 845).
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EO 5115 May 15, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5115—Reserving Certain Described Lands Pending Resurvey, Oregon
📜 Art. II §1: Executive Discretion & Internal Operations
The public lands in T. 18 S., R. 9 W., W.M., Oregon, be and the same are hereby withdrawn from settlement, location, sale, entry and all forms of appropriation, pending a resurvey of said township under the act of March 3, 1909 (35 Stat. 845).
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EO 5114 May 15, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §1: Executive Discretion & Internal Operations
Under the provisions of Section 3 of the Federal Farm Loan Act, approved July 17, 1916, Horace Paul Bestor, who has been duly appointed a member of the Federal Farm Loan Board, is hereby designated Farm Loan Commissioner of said Board until otherwise directed.
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EO 5111 May 13, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5111—Amending Civil Service Rules, Regulation VIII Pertaining to Reinstatement
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The regulations for the appointment of unclassified laborers are hereby amended so that Regulation VIII, Reinstatement, shall read as follows: REGULATION VIII.—REINSTATEMENT A person separated without delinquency or misconduct from an unclassified position may be reinstated to…
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📜
Scholarly & Legal Citations
Exec. Order No. 5113 (May 14, 1929), https://executiveordersarchive.org/orders/app-executive-order-5113-delegating-further-authority-the-alien-property-custodian-under-the.
