It is hereby ordered that Executive order No. 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T. 2 S., R. 15 E., Secs. 1 to 12, inclusive, N½ Sec. 18, SE¼ SE¼ Sec. 34, S½ SW¼ and SW¼ SE¼ Sec. 35; 1 In T. 3 S., R. 15 E., Secs. 1 and 2, NE¼ NE¼, S½ NE¼ and NE¼ SE¼ Sec. 3, W½ W½ Sec. 6, all Sec. 7, SW¼ NW¼ and NW¼ SW¼ Sec. 8, N½, E½ SW¼ and SE¼ Sec. 11, Secs. 12, 13, NE¼, NE¼ NW¼, S½ NW¼ and S½ Sec. 14, SE¼ NE¼ and S½ Sec. 15, S½ S½ Sec. 19, all Secs. 20 to 36, inclusive; In T. 2 S., R. 16 E., Secs. 1 to 15, inclusive, 22, 23, 24, 25, N½, E½ SW¼ and SE¼ Sec. 26, NE¼ Sec. 27, S½ NE¼, NW¼ and SE¼ Sec. 31, S½ NW¼ and S½ Sec. 32, S½ Sec. 33, W½ SW¼ Sec. 34, E½ Sec. 35, all Sec. 36; In T. 3 S., R. 16 E., N½ Sec. 1, S½ NE¼, NW¼ NW¼, S½ NW¼ and S½ Sec. 3, Secs. 4 to 10, inclusive, SW¼ NE¼, NW¼ and S½ Sec. 11, SW¼ SW¼ Sec. 12, S½ NE¼, NW¼ and S½ Sec. 13, Secs. 14 to 36, inclusive; In T. 3 S., R. 17 E., Secs. 1 to 5, inclusive, N½, E½ SW¼ and SE¼ Sec. 6, NE¼ and NE¼ NW¼ Sec. 7, N½ and NE¼ SE¼ Sec. 8, all Sec. 9, N½ NE¼ and 10, NE¼, N½ NW¼, SE¼ NW¼ and NW¼ SE¼ Sec. 11, N½ and N½ SE¼ Sec. 12, SW¼ and W½ SE¼ Sec. 17, E½ NE¼ and S½ Sec. 19, W½ E½ and W½ Sec. 20, E½ and E½ W½ Sec. 22, all Sec. 23, NW¼ NW¼, S½ NW¼ and S½ Sec. 24, all Secs. 25 and 26, NE¼, E½ NW¼ and S½ Sec. 27, S½ Sec. 28, W½ NE¼, NW¼ and S½ Sec. 29, all Secs. 30 to 36, inclusive; In T. 3 S., R. 18 E., Secs. 1 to 12, inclusive, W½ E½ and W½ Sec. 13, N½, E½ SW¼ and SE¼ Sec. 14, N½ Sec. 15, S½ SW¼ Sec. 19, N½ NE¼ and E½ NW¼ Sec. 23, N½ NW¼ Sec. 24, S½ S½ Sec. 28, SW¼ SW¼ and SE¼ SE¼ Sec. 29, all Secs. 30 to 36, inclusive; In T. 3 S., R. 19 E., Secs. 1 to 17, inclusive, E½ Sec. 18, N½ NE¼ and SE¼ NE¼ Sec. 19, Secs. 20 to 31, inclusive, W½ E½, SE¼ SE¼ and W½ Sec. 32, N½ NW¼, SE¼ NW¼ and E½ Sec. 33, all Secs. 34, 35 and 36. And it is also hereby ordered, pursuant to Public Resolution No. 29 of February 14, 1920 (41 Stat. 434), as amended January 21 and December 28, 1922 (42 Stat. 358, 1067), that the public lands in the above described areas, subject to valid rights, shall be opened only to entry under the homestead or desert land laws by qualified ex-service men of the war with Germany, under the terms and conditions of such resolution and the regulations issued thereunder, for a period of 91 days beginning with the 63rd day from and after the date hereof, and thereafter any of said land remaining unentered will be subject to appropriation under any public land law applicable thereto by the general public. Subsequent to the date hereof and prior to the date of restoration to general disposition as herein provided, no rights may be acquired to the restored land by settlement in advance of entry, or otherwise except strictly in accordance herewith. HERBERT HOOVER The White House, November 2, 1929.
Executive Order 5216 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 5216—Restoring Certain Reserved Lands for Resurvey and Opening Such Lands to Entry, South Dakota
Executive Brief • At a Glance
⏱️ 3 min read (634 words) •
● In Effect
🎯 Primary Mandate
Executive order No. 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T. 2 S., R. 15 E., Secs. 1 to 12, inclusive, N½ Sec. 18, SE¼ SE¼ Sec. 34, S½ SW¼ and SW¼ SE¼ Sec. 35; 1 In T. 3 S., R. 15 E., Secs. 1 and 2, NE¼ NE¼, S½ NE¼ and NE¼ SE¼ Sec. 3, W½ W½ Sec. 6, all Sec. 7, SW¼ NW¼ and NW¼ SW¼ Sec. 8, N½, E½ SW¼ and SE¼ Sec. 11, Secs. 12, 13, NE¼, NE¼ NW¼, S½ NW¼ and S½ Sec. 14, SE¼ NE¼ and S½ Sec. 15, S½ S½ Sec. 19, all Secs. 20 to 36, inclusive; In T. 2 S., R. 16 E., Secs. 1 to 15, inclusive, 22, 23, 24, 25, N½, E½ SW¼ and SE¼ Sec. 26, NE¼ Sec. 27, S½ NE¼, NW¼ and SE¼ Sec. 31, S½ NW¼…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
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 Herbert Hoover on November 2, 1929, this order concerns Restoring Certain Reserved Lands for Resurvey and Opening Such Lands to Entry, South Dakota. Executive order No. 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T. 2 S., R. 15 E., Secs. 1 to 12, inclusive, N½ Sec. 18, SE¼ SE¼ Sec. 34, S½ SW¼ and SW¼ SE¼ Sec. 35; 1 In T. 3 S., R. 15 E., Secs. 1 and 2, NE¼ NE¼, S½ NE¼ and NE¼ SE¼ Sec. 3, W½ W½ Sec. 6…
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
Executive order No. 3748 of October 23, 1922, with certain lands in South Dakota for classification, be and it is hereby revoked in so far as it affects the public lands in the following described areas: Black Hills Meridian In T. 2 S., R. 15 E., Secs. 1 to 12, inclusive, N½ Sec. 18, SE¼ SE¼ Sec. 34, S½ SW¼ and SW¼ SE¼ Sec. 35; 1 In T. 3 S., R. 15 E., Secs. 1 and 2, NE¼ NE¼, S½ NE¼ and NE¼ SE¼ Sec. 3, W½ W½ Sec. 6, all Sec. 7, SW¼ NW¼ and NW¼ SW¼ Sec. 8, N½, E½ SW¼ and SE¼ Sec. 11, Secs. 12, 13, NE¼, NE¼ NW¼, S½ NW¼ and S½ Sec. 14, SE¼ NE¼ and S½ Sec. 15, S½ S½ Sec. 19, all Secs. 20 to 36, inclusive; In T. 2 S., R. 16 E., Secs. 1 to 15, inclusive, 22, 23, 24, 25, N½, E½ SW¼ and SE¼ Sec. 26, NE¼ Sec. 27, S½ NE¼, NW¼ and SE¼ Sec. 31, S½ NW¼…
▪
And it is also hereby ordered, pursuant to Public Resolution No. 29 of February 14, 1920 (41 Stat. 434), as amended January 21 and December 28, 1922 (42 Stat. 358, 1067), that the public lands in the above described areas, subject to valid rights, shall be opened only to entry under the homestead or desert land laws by qualified ex-service men of the war with Germany, under the terms and conditions of such resolution and the regulations issued thereunder, for a period of 91 days beginning with the 63rd day from and after the date hereof, and thereafter any of said land remaining unentered will be subject to appropriation under any public land law applicable thereto by the general public.
▪
Subsequent to the date hereof and prior to the date of restoration to general disposition as herein provided, no rights may be acquired to the restored land by settlement in advance of entry, or otherwise except strictly in accordance herewith.
Constitutional & Societal Entities Impacted
🏛️ Private Citizens & Property Owners
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
"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: Strong Prerogative Support
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
📐
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
26 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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
634
2,950 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
2.7
Grade 3
Text size:
Related Executive Orders
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EO 5215 Nov 1, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5215—Restoring Certain Reserved Lands Pending Resurvey and Opening Such Lands to Entry, Wyoming
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 4460 of June 18, 1926, withdrawing, among other lands, the public lands in T. 44 N., R. 89 W., 6th P.M., Wyoming, pending a resurvey, be and the same is hereby revoked as to the above mentioned township.
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EO 5218 Nov 4, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5218—Reserving Certain Described Lands for Resurvey, California
📜 Art. II §1: Executive Discretion & Internal Operations
Under authority contained in the act of June 25, 1910 (36 Stat. 847), as hereby ordered that the public lands in T. 24 N., R. 6 E., M.D.M., California, be and the same are hereby withdrawn from settlement, location, sale, entry and all forms of appropriation, pending a resurvey…
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EO 5217 Nov 4, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5217—Restoring Certain Reserved Lands for Public Water Reserves and Such Lands Restored to Public Domain, Washington
📜 Art. II §1: Executive Discretion & Internal Operations
So much of the orders of withdrawal dated April 30, 1919, creating Public Water Reserve No. 63, February 11, 1918, creating Public Water Reserve No. 53, and February 8, 1923, creating Public Water Reserve No. 86, as affects the land hereinafter listed is hereby revoked, and all…
Herbert Hoover Grade 8 • 1m
EO 5219 Nov 5, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5219—Reserving Certain Described Lands for Alaska Reindeer Service Purposes, Alaska
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following described tract of land within the Fort Davis abandoned military reservation, Alaska, which was placed under the control of the Secretary of the Interior by Executive Order No. 3574, dated November 4, 1921, be, and the same is hereby, withdrawn, subject to valid…
Herbert Hoover College Level • 1m
EO 5214 Oct 30, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5214—Reserving Certain Described Lands for Naval Purposes, Alaska
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The four unreserved hereindescribed areas of land and water in the Territory of Alaska be, and they are hereby, withdrawn from settlement, location, sale or entry and held for the exclusive use and benefit of the United States Navy Department for naval purposes until this order…
Herbert Hoover Post-Graduate Legal • 1m
EO 5213 Oct 28, 1929
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5213—Amending Schedule A, Subdivision VIII of the Civil Service Rules
📜 Art. II §3: Administrative Management & Civil Service
Schedule A, Subdivision VIII, paragraph 5, of positions excepted from examination under the civil service rules is amended to read as follows: 5.
Herbert Hoover Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 5216 (Nov. 2, 1929), https://executiveordersarchive.org/orders/app-executive-order-5216-restoring-certain-reserved-lands-for-resurvey-and-opening-such-lands.
