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 Lolo National Forest as defined by proclamation of April 30, 1912 (37 Stat. 1739- 1740), be, and the same are hereby, transferred to the Cabinet National Forest: All lands of the Lolo National Forest lying to the north and west of a line described as follows: Beginning at Milepost 176.129 on the Montana-Idaho State line; thence in a northeasterly direction following the hydrographic divide between Dry and Marble Creeks on the east and South Fork Little Joe Creek and Cold Creek on the west to an intersection with the south line of sec. 7, township 17 north, range 27 west, Montana meridian; thence east along section lines to the southeast corner sec. 9, said township; thence north to northeast corner said sec. 9; thence east to southeast corner sec. 3, said township; thence north to northeast corner said sec. 3; thence east on north line sec. 2, said township, to a point where said line is intersected by the hydrographic divide between Four Mile Creek on the west and Sloway Gulch on the east; thence northeasterly along said hydrographic divide to its intersection with the hydrographic divide at the head of Keystone Creek, Pardee Creek, Flat Creek, and Nine Mile Creek; thence easterly along said hydrographic divide to an intersection with the boundary of the former Flathead Indian Reservation; also that part of sec. 15, township 17 north, range 27 west, Montana meridian, which is now a part of the Lolo National Forest. The transfer effected by this order and the new boundaries of the Cabinet 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 national-forest 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 16, 1931.
Executive Order 5758 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 5758—Transfer of Lands from the Lolo to the Cabinet National Forest, Montana
Executive Brief • At a Glance
⏱️ 2 min read (356 words) •
● In Effect
🎯 Primary Mandate
The following-described lands now parts of the Lolo National Forest as defined by proclamation of April 30, 1912 (37 Stat. 1739- 1740), be, and the same are hereby, transferred to the Cabinet National Forest: All lands of the Lolo National Forest lying to the north and west of a line described as follows: Beginning at Milepost 176.129 on the Montana-Idaho State line; thence in a northeasterly direction following the hydrographic divide between Dry and Marble Creeks on the east and South Fork Little Joe Creek and Cold Creek on the west to an intersection with the south line of sec. 7, township 17 north, range 27 west, Montana meridian; thence east along section lines to the southeast corner sec. 9, said township; thence north to northeast…
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants
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 16, 1931, this order concerns Transfer of Lands from the Lolo to the Cabinet National Forest, Montana. The following-described lands now parts of the Lolo National Forest as defined by proclamation of April 30, 1912 (37 Stat. 1739- 1740), be, and the same are hereby, transferred to the Cabinet National Forest: All lands of the Lolo National Forest lying to the north and west of a line described as follows: Beginning at Milepost 176.129 on the Montana-Idaho State line; thence in a northeasterly direction following…
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
▪
The following-described lands now parts of the Lolo National Forest as defined by proclamation of April 30, 1912 (37 Stat. 1739- 1740), be, and the same are hereby, transferred to the Cabinet National Forest: All lands of the Lolo National Forest lying to the north and west of a line described as follows: Beginning at Milepost 176.129 on the Montana-Idaho State line; thence in a northeasterly direction following the hydrographic divide between Dry and Marble Creeks on the east and South Fork Little Joe Creek and Cold Creek on the west to an intersection with the south line of sec. 7, township 17 north, range 27 west, Montana meridian; thence east along section lines to the southeast corner sec. 9, said township; thence north to northeast…
▪
The transfer effected by this order and the new boundaries of the Cabinet National Forest are more clearly shown on the diagram attached hereto and made a part hereof.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
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 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
"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
📐
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
23 / 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
Moderate Friction
Federalism & State Sovereignty
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
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
Low Friction
Youngstown Jacksonian Tier
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%).
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
356
2,103 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
11
High School
Text size:
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📜
Scholarly & Legal Citations
Exec. Order No. 5758 (Dec. 16, 1931), https://executiveordersarchive.org/orders/app-executive-order-5758-transfer-lands-from-the-lolo-the-cabinet-national-forest-montana.
