Under authority of the act of Congress approved June 4, 1897 (30 Stat. 11, 36; U.S. Code, title 16, sec. 473), and on the recommendation of the Secretary of Agriculture, it is hereby ordered that the following-described lands now parts of the Datil National Forest as defined by proclamation of January 23, 1925 (43 Stat. 1984), be, and the same are hereby, transferred to and made parts of the Manzano National Forest as defined by proclamation of August 29, 1924 (43 Stat. 1966), as modified by Executive Order No. 4208 of April 20, 1925; the name of the said Manzano National Forest is hereby changed to Cibola National Forest. All lands now a part of the Datil National Forest lying in: New Mexico Principal Meridian Tps. 3 and 4 S., R. 2 W.; Tps. 2, 3, 4, and 5 S., R. 3 W.; Tps. 1 and 2 N., and 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 S., R. 4 W.; Tps. 1 and 2 N., and 1, 2, 4, 5, 6, 7, 8, 9, and 10 S., R. 5 W.; Tps. 1 and 2 N., and 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 S., R. 6 W.; Tps. 1 and 2 N., and 1, 2, 4, 5, 6, 7, 8, and 9 S., R. 7 W.; Tps. 1 and 2 N., and 4, 5, 6, and 7 S., R. 8 W.; Tps. 1 and 2 N., and 1 S., R. 9 W.; Tps. 1 and 2 N., and 1 and 2 S., R. 10 W.; Tps. 1 and 2 N., and 1, 2, and 3 S., R. 11 W.; Tps. 1 N., and 1 and 2 S., R. 12 W. The transfers effected by this order and the new boundaries of the Cibola National Forest are more clearly shown on the diagram attached hereto and made a part hereof. It is not intended by this order to give any publicly owned lands a nationalforest status which have hitherto not had such status nor to remove any publicly owned lands from a national-forest status. HERBERT HOOVER The White House, December 3, 1931.
Executive Order 5752 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 5752—Transfer of Lands from the Datil to the Cibola, Formerly Manzano, National Forest, New Mexico
Executive Brief • At a Glance
⏱️ 2 min read (359 words) •
● In Effect
🎯 Primary Mandate
The following-described lands now parts of the Datil National Forest as defined by proclamation of January 23, 1925 (43 Stat. 1984), be, and the same are hereby, transferred to and made parts of the Manzano National Forest as defined by proclamation of August 29, 1924 (43 Stat. 1966), as modified by Executive Order No. 4208 of April 20, 1925; the name of the said Manzano National Forest is hereby changed to Cibola National Forest.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ 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 December 3, 1931, this order concerns Transfer of Lands from the Datil to the Cibola, Formerly Manzano, National Forest, New Mexico. The following-described lands now parts of the Datil National Forest as defined by proclamation of January 23, 1925 (43 Stat. 1984), be, and the same are hereby, transferred to and made parts of the Manzano National Forest as defined by proclamation of August 29, 1924 (43 Stat. 1966), as modified by Executive Order No. 4208 of April 20, 1925; the name of the said Manzano National Forest is hereby changed to Cibola…
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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The following-described lands now parts of the Datil National Forest as defined by proclamation of January 23, 1925 (43 Stat. 1984), be, and the same are hereby, transferred to and made parts of the Manzano National Forest as defined by proclamation of August 29, 1924 (43 Stat. 1966), as modified by Executive Order No. 4208 of April 20, 1925; the name of the said Manzano National Forest is hereby changed to Cibola National Forest.
▪
All lands now a part of the Datil National Forest lying in: New Mexico Principal Meridian Tps. 3 and 4 S., R. 2 W.; Tps. 2, 3, 4, and 5 S., R. 3 W.; Tps. 1 and 2 N., and 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 S., R. 4 W.; Tps. 1 and 2 N., and 1, 2, 4, 5, 6, 7, 8, 9, and 10 S., R. 5 W.; Tps. 1 and 2 N., and 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 S., R. 6 W.; Tps. 1 and 2 N., and 1, 2, 4, 5, 6, 7, 8, and 9 S., R. 7 W.; Tps. 1 and 2 N., and 4, 5, 6, and 7 S., R. 8 W.; Tps. 1 and 2 N., and 1 S., R. 9 W.; Tps. 1 and 2 N., and 1 and 2 S., R. 10 W.; Tps. 1 and 2 N., and 1, 2, and 3 S., R. 11 W.; Tps. 1 N., and 1 and 2 S., R. 12 W. The transfers effected by this order and the new boundaries of the Cibola National Forest are more clearly shown on the…
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 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
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
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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
359
1,670 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
5.4
Grade 5
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Franklin D. Roosevelt • 1935-05-01
Related Executive Orders
Other executive actions signed by Herbert Hoover around this period.
EO 5751 Dec 3, 1931
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5751—Withdrawal of Public Lands for Classification, Colorado
📜 10th Amend: Intergovernmental Federalism Cooperation
The public lands within the following-described areas in the State of Colorado be, and the same are hereby, temporarily withdrawn for classification, subject to the conditions of the aforesaid acts and to valid existing claims: Sixth Principal Meridian T. 25 S., R. 73 W., secs.…
Herbert Hoover Grade 6 • 1m
EO 5754 Dec 7, 1931
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5754—Public Water Reserve No. 144, Alaska
📜 Art. II §1: Executive Discretion & Internal Operations
The land hereinafter listed be, and the same is hereby, withdrawn from settlement, location, sale, or entry, and reserved for public use in accordance with the provisions of section 10 of the act of December 29, 1916 (39 Stat. 862, 865): Beginning at Corner No. 3, Amended…
Herbert Hoover Grade 5 • 1m
EO 5753 Dec 7, 1931
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5753—Amendment of Civil-Service Rule VII in Relation to the Apportionment
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Civil-Service Rule VII, section 2, is hereby amended by (1) changing the colon after the word "apportionment" in the first sentence of the first paragraph to a comma, and adding the following clause: "and the appointments of persons covered into the classified service by…
Herbert Hoover Post-Graduate Legal • 2m
EO 5755 Dec 10, 1931
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 5755—Withdrawal of Public Lands for Classification, Mississippi
📜 10th Amend: Intergovernmental Federalism Cooperation
The following-described areas in the State of Mississippi be, and they are hereby, temporarily withdrawn from settlement, location, sale, or entry, for classification and pending determination as to the advisability of including such lands in a national forest: Washington…
Herbert Hoover High School • 1m
EO 5750 Nov 23, 1931
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5750—Revocation of Withdrawal of Lands for Lighthouse Purposes, California
📜 Art. II §1: Executive Discretion & Internal Operations
So much of Executive order of January 26, 1867, as withdrew a tract of land at Point Buchon, Calif., for lighthouse purposes, and Executive order of November 27, 1905, which withdrew lots 8 and 9, fractional sec. 36, township 29 south, range 10 east of the Mount Diablo…
Herbert Hoover High School • 1m
EO 5761 Dec 16, 1931
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5761—Transfer of Lands from the Bitterroot and the Missoula to the Lolo National Forest, Montana
📜 Art. II §1: Executive Discretion & Internal Operations
The following-described lands now parts of the Bitterroot National Forest as defined by proclamation of April 30, 1912 (37 Stat. 1738-1739), and the Missoula National Forest as defined by proclamation of January 31, 1929 (45 Stat. 2989), be, and the same are hereby, transferred…
Herbert Hoover High School • 3m
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Scholarly & Legal Citations
Exec. Order No. 5752 (Dec. 3, 1931), https://executiveordersarchive.org/orders/app-executive-order-5752-transfer-lands-from-the-datil-the-cibola-formerly-manzano-national.
