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Executive Order 5779 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 5779—Tongass National Forest, Alaska

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Thursday, January 21, 1932
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15 min read (2,991 words)

Executive Brief • At a Glance

⏱️ 15 min read (2,991 words) • ● In Effect
🎯 Primary Mandate

The tracts of land in Alaska lying within the following-described boundaries, heretofore occupied as home sites, be, and the same are hereby, excluded from the Tongass National Forest and restored to entry under the applicable public land laws: Chs.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ 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 January 21, 1932, this order concerns Tongass National Forest, Alaska. The tracts of land in Alaska lying within the following-described boundaries, heretofore occupied as home sites, be, and the same are hereby, excluded from the Tongass National Forest and restored to entry under the applicable public land laws: Chs.

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 tracts of land in Alaska lying within the following-described boundaries, heretofore occupied as home sites, be, and the same are hereby, excluded from the Tongass National Forest and restored to entry under the applicable public land laws: Chs.

Constitutional & Societal Entities Impacted

🏛️ Private Citizens & Property Owners

Policy Areas & Topics

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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 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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Low Friction

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

Youngstown Jacksonian Tier

Moderate Friction

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%).
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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
2,991
15,303 characters
Estimated Read Time
15 min
@ 200 words / min
Flesch-Kincaid
4.1
Grade 4
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Under authority of the act of Congress approved June 4, 1897 (30 Stat. 11, 34-36), and on the recommendation of the Secretary of Agriculture, it is hereby ordered that the tracts of land in Alaska lying within the following-described boundaries, heretofore occupied as home sites, be, and the same are hereby, excluded from the Tongass National Forest and restored to entry under the applicable public land laws: Chs. Beginning at corner No. 1, meander corner, on Killisnoo Harbor, Admiralty Island, in approximate latitude 57° 28' N., longitude 134° 33' W., which corner is a spmee post 4 ft. long, 3 in. square, firmly set on sandy beach, marked HS 1 MC; from which Corner No. 2, meander corner, home site No. 178, bears S. 50° E., 3.00 chs. distant. Lone Rock, visible at low tide, bears S. 54° W. A blinker light north of Killisnoo dock bears N. 80° W. Thence with meanders along line of approximate mean high tide: N. 52° 15' W., 4.00 chs.; N. 54° W., 2.00 chs.; to corner No. 2, meander corner, which is a spruce post 4 ft. long, 4 in. square, marked HS 2 MC; from which Lone Rock bears S. 46° 30' W. A blinker light north of Killisnoo dock bears N. 82° W. A limby spruce, 14 in. diam., bears N. 17° W., 97 lks. distant, marked BT HS 2. Thence N. 45° E. 7.00 Corner No. 3, a hemlock post 4 ft. long, 4 in. square, marked HS 3; from which A spmee, 9 in. diam., bears N. 20° E., 9 lks. distant, marked BT HS3. Thence S. 45° E. 5.94 Corner No. 4, a spmee post 4 ft. long, 4 in. square, marked HS 4; from which A spmee, 19 in. diam., bears N. 64° E., 44 lks. distant, marked BT HS 4. Thence S. 45° W. 6.18 Corner No. 1, meander corner, and the place of beginning, containing 3.90 acres. The survey was made July 18, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° E., and are intended to refer to the true meridian. Beginning at point for corner No. 1, not set because of liability to destruction by tides, on east shore of the outlet to Auke Bay, in approximate latitude 58° 28' N., longitude 134° 38' W. Thence S. 70° E. 0.18 Witness corner to corner No. 1, meander corner, which is a post, 5 ft. long, 3 in. diam., set 2 ft. in the ground, marked HS 1 WCMC; from which Witness corner to corner No. 2, meander corner, United States Survey No. 1500, bears N. 11° E., 6.38 chs. distant. A spruce, 11 in. diam., bears N. 45° E., 2.08 chs. distant, marked WHS 1 WCMC. 1.71 To corner No. 2, which is a hemlock post, 5½ ft. long, 6 in. diam., squared to 4 in., set 1½ ft. in the ground, marked HS 2; from which A hemlock, 12 in. diam., bears N. 5½° W., 16 lks. distant, marked WHS 2. Thence traversing Fritz Cove Road, 33 ft. westerly from the center thereof: S. 19½° W., 1.30 chs.; S. 2° E., 1.57 chs.; S. 16° E., 3.47 chs.; to corner No. 3, identical with corner No. 3, tract No. 2, which is a hemlock stump, 2 ft. diam., marked X HS 3 Lot 1-2 on southwest face; from which A hemlock, 11 in. diam., bears S. 25° W., 17 lks. distant, marked WHS.3. Thence S. 76° W. 3.43 Witness corner to corner No. 4, meander corner, which is a spruce post, 5 ft. long, 4 in. diam., squared to 3 in., set 1 ft. in ground in mound of stone, marked HS 4 WCMC Lots 1-2. 3.78 Point for corner No. 4, meander corner, identical with- corner No. 4, tract 2, not set because of liability to destruction by tides. Thence with meanders along line of approximate mean high tide: (1) N. 40° W., 3.40 chs.; (2) N. 35° 45'E., 6.25 chs.; to point for corner No. 1, and place of beginning, containing approximately 2.60 acres. The survey was made in May, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° 30' E., and are intended to refer to the true meridian. Beginning at corner No. 1, meander corner, on Killisnoo Harbor, Admiralty Island, in approximate latitude 57° 28' N., longitude 134° 32' W., which corner is a spruce post 4 ft. long, 4 in. square, set firmly in the ground, marked HS 1 MC; corner is set on sandy beach at edge of a rocky point; from which Lone Rock, Killisnoo Harbor, visible at low tide, bears S. 71° 30' W. A blinker light north of Killisnoo dock bears N. 73° W. A spruce, 16 in. diam., bears S. 76° E., 27 lks. distant, marked BT HS 1. Thence with meanders along line of approximate mean high tide: (1) N. 30° W., 4.00 chs.; (2) N. 43° W., 2.00 chs.; to corner No. 2, meander corner, identical with corner No. 1, home site No. 178, which is a spruce post 4 ft. long, 3 in. square, firmly set, marked HS 2 MC HS 1 MC; from which Lone Rock bears S. 64° 30' W. A blinker light north of Killisnoo dock bears N. 76° 30' W. Thence N. 45° E. 5.90 Corner No. 3, identical with corner No. 4, home site No. 178, which is a hemlock post 4 ft. long, 4 in. square, marked HS 3 HS 4; from which A spruce, 17 in. diam., bears N. 63° E., 26 lks. distant, marked BT HS 3 HS 4. Thence S. 45° E. 5.86 Corner No. 4, a hemlock post 4 ft. long, 4 in. square, marked HS 4; from which A hemlock, 16 in. diam., bears N. 55° E., 15 lks. distant, marked BT HS 4. Thence S. 45° W. 7.00 Corner No. 1, meander corner, and the place of beginning, containing approximately 3.68 acres. The survey was made July 17, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° E., and are intended to refer to the true meridian. Beginning at corner No. 1, meander corner, home site No. 32, on north shore of Gastineau Channel, in approximate latitude 58° 19' N., longitude 134° 32' W., which corner is a spruce post 3½ ft. long, 4 in. square, set firmly in the ground, marked HS 1 MC; from which Corner No. 3, H.E.S. No. 174, bears N. 80½° W., 20.41 chs. distant. Summit Island bears S. 48½° W. A spruce, 24 in. diam., bears N. 2½° E., 98 lks. distant, marked H 1 MC BT. A spruce, 14 in. diam., bears N. 38° W., 206 chs. distant, marked H 1 MC BT. Thence with meanders along line of approximate mean high tide of Gastineau Channel: (1) S. 41½° E., 2.00 chs.; (2) S. 10° E., 5. 55 chs.; (3) S. 36½° E., 2. 00 chs.; (4) S. 69½° E., 2. 37 chs.; (5) S. 30½° E., 0.47 chs.; to corner No. 2, meander corner, not set because of liability to destruction by tides. Thence north. 0.46 Witness corner to corner No. 2, meander corner, which is a spruce post 3½ ft. long, 4 in. square, set firmly in a mound of stone, marked WC MC 2; from which A spruce, 8 in. diam., bears S. 39° W., 5½ lks. distant, marked WC MC 2 BT. A spruce, 20 in. diam., bears S. 77½° E., 23 lks. distant, marked WC MC 2 BT. 11.23 Corner No. 3, a hemlock post 4½ ft. long, 5 in. diam., squared to 3M in., set 1½ ft. in the ground, marked HS 3; from which A hemlock, 15 in. diam., bears S. 24½° E., 35 lks. distant, marked WHS 3. A hemlock, 8 in. diam., bears N. 56° W., 12 lks. distant, marked WHS 3. Thence along edge of power-line right of way S. 87° 30' W. 5.94 Corner No. 4, a hemlock post 4½ ft. long, 6 in. diam., squared to 4½ in., set 1½ ft. in the ground, marked HS 4; from which A spruce, 18 in. diam., bears S. 9½° E., 32 lks. distant, marked WHS 4. Thence south. 1.28 Corner No. 1, meander corner, and the place of beginning, containing approximately 4.46 acres. The survey was made March 7, 1928; the bearings of the lines were determined by needle compass, allowing a variation of 30° 30' E., and are intended to refer to the true meridian. Beginning at corner No. 1, meander corner, identical with corner No. 1, meander corner, home site No. 14, on the east shore of Auke Bay, in approximate latitude 58° 22' N., longitude 134° 38' W.; not set because of liability to destruction by tides. Chs. I Thence with meanders along line of approximate mean high tide: (1) S. 73° E., 1.50 chs.; (1) S. 38½° E., 2.40 chs.; to corner No. 2, meander corner, identical with corner No. 2, meander corner, of R O W, not set because of liability to destruction by tides. Thence N. 49° E. 0.32 Witness corner to corner No. 2, meander corner, which is a spruce post 5 ft. long, 5½ in. diam., 4 in. square, set 1 ft. in ground in mound of stones, marked WC MC HS 2 R O W; from which A spruce, 10 in. diam., bears N. 47° E., 1.78 chs. distant, marked W/WCMC. 4.16 Corner No. 3, identical with corner No. 3 of R O W, which is a hemlock post 5½ ft. long, 5½ in. diam., 4 in. square, set 1½ ft. in ground, marked HS 3—R O W; from which A hemlock, 30 in. diam., bears S. 54° W., 26 lks. distant, marked WHS 3. A hemlock, 24 in. diam., bears N. 45° W., 56 lks. distant, marked WHS 3. Thence N. 56° W., along Fritz Cove Road, and 33 ft. from the center line thereof. 4.75 Corner No. 4, identical with corner No. 4, home site No. 14, which is a hemlock post 6 ft. long, 6 in. diam., 4 in. square, set 1½ ft. in ground, marked HS 4; from which A hemlock, 34 in. diam., bears S. 66° E., 22 lks. distant, marked WHS 4. A forked hemlock, 16 in. diam., bears S. 32½° W., 40 lks. distant, marked WHS 4 Thence S. 36° W. 3.35 Witness corner to corner No. 1, meander corner, which is a square stake driven firmly in the ground, marked WCMC Lot 9-10; from which A hemlock, 10 in. diam., bears N. 33° W., 22 lks. distant, marked W/WCMC. 3.77 Corner No. 1, meander corner, and the place of beginning, exclusive of the following-described area: Beginning at Corner No. 1, meander corner, on the east shore of Auke Bay, not set because of liability to destruction by tides. Thence N. 21° E. 0.50 Witness corner to corner No. 1, meander corner, which is an angle-iron stake set firmly in the ground, marked COR 1; from which Witness corner to corner No. 1, meander corner, common to home sites Nos. 14 and 35, bears N. 71° W., 92 lks. distant. A spruce, 12 in. diam., bears N. 49° W., 99 lks. distant, marked WPS 1. 0.60 Corner No. 2, not set. Thence S. 73° E. 0.50 Corner No. 3, not set. Thence S. 21° W. 0.10 Witness corner to corner No. 2, meander corner, an angle-iron stake set firmly in the ground, marked COR 2. 0.50 Corner No. 2, meander corner, not set because of liability to destruction by tides. Thence with meanders along line of approximate mean high tide, N. 73° W. 0.50 Corner No. 1, meander corner, and the place of beginning. The survey was made in May, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° 30' E., and are intended to refer to the true meridian. Net area of home site No. 35—1.53 acres. Beginning at corner No. 1, identical with corner No. 3, home site No. 32, on north shore of Gastineau Channel, in approximate latitude 58° 19' N., longitude 134° 32' W. Thence south, along west boundary of home site No. 32. 10.77 Witness corner to corner No. 2, meander corner, which is a spruce post 3½ ft. long, 4 in. square, set in a mound of stone, marked WC MC 2; from which A spruce, 8 in. diam., bears S. 39° W., 5½ lks. distant, marked WC MC 2 BT. A spruce, 20 in. diam., bears S. 77½° E., 23 lks. distant, marked WC MC 2 BT. 11.23 Corner No. 2, meander corner, identical with corner No. 2, meander corner, of home site No. 32; not set because of liability to destruction by tides. Thence with meanders along line of approximate mean high tide of Gastineau Channel: (1) S. 30° E., 1.97 chs.; (2) S. 62° E., 2.83 chs.; (3) S. 44½° E., 0.16 chs.; to corner No. 3, meander corner, not set because of liability to destruction by tides. Thence north. 0.30 Witness corner to corner No. 3, meander corner, which is a spruce post 3½ ft. long, 4 in. square, set in mound of stone, marked HS WC MC 3; from which A spruce, 6 in. diam., bears S. 60° E., 33 lks. distant, marked HS WC MC 3 BT. 14.51 Corner No. 4, a hemlock post 3½ ft. long, 4 in. square, set firmly in ground, marked HS 4; from which A lodgepole pine, 14 in. diam., bears S. 10° E., 65 lks. distant, marked HS 4 BT. Thence S. 87° 30' W., along edge of right of way. 3.59 Corner No. 1, and place of beginning, containing approximately 4.77 acres. The survey was made in March, 1928; the bearings of the lines were determined by needle compass, allowing a variation of 30° 30' E., and are intended to refer to the true meridian. Beginning at corner No. 1, meander corner, on Favorite Bay, Admiralty Island, in approximate latitude 57° 29' N., longitude 134° 34' W., which corner is a spruce post 5 ft. long, 4 in. square, set firmly in the ground, marked HS 1 MC; from which Rose Rock bears N. 32° W. A timbered point across the inlet bears N. 4° E. A hemlock, 26 in. diam., bears S. 10° E., 1.11 chs. distant, marked BT HS 1. Thence with meanders along line of approximate mean high tide: (1) N. 59° W., 3.50 chs.; (2) N. 49° W., 2.00 chs.; (3) N. 55° W., 2.00 chs.; (4) N. 47° 30' W., 1.05 chs.; (5) N. 25° W., 0.56 chs.; to corner No. 2, meander corner, which is a spruce tree 8 in. diam., cut off 5 ft. above the ground, 4 in. square, marked HS 2 MC; from which A timbered point across the inlet bears N. 20° 30' E. A hemlock, 20 in. diam., bears N. 42° W., 0.26 chs. distant, marked BT HS 2. Thence S. 31° W. 5.50 Corner No. 3, a hemlock post 5 ft. long, 4 in. square, set firmly in the ground, marked HS 3; from which A hemlock, 38 in. diam., bears S. 85° W., 0.13 chs. distant, marked BT HS 3. Thence S. 52° 30' E. 9.02 Corner No. 4, a hemlock post 5 ft. long, 4 in. square, set firmly in the ground, marked HS 4; from which A hemlock, 20 in. diam., bears S. 37° E., 0.32 chs. distant, marked BT HS 4. Thence N. 31° E. 5.50 Corner No. 1, meander corner, and place of beginning, containing approximately 4.69 acres. The survey was made April 9, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° E., and are intended to refer to the true meridian. Beginning at corner No. 1, meander corner, home site No. 238, on Favorite Bay, Admiralty Island, in approximate latitude 57° 29' 45" N., and longitude 134° 34' W., which corner is a spruce post 5 ft. long, 4 in. square, set firmly in the ground. Corner is set on west side of a small stream; from which The highest point on Rose Rock bears N. 10° W. A point of timber across the inlet bears N. 48° E. A spruce, 10 in. diam., bears S. 75° W., 41 lks. distant, marked BT HS 1. Thence with meanders along line of approximate mean high tide: (1) N. 84° E., 2.00 chs.; (2) N. 66° E., 2.00 chs.; (3) N. 34° E., 2.00 chs.; (4) N. 28° E., 2.00 chs.; (5) S. 63° E., 1.00 chs.; (6) S. 30° E., 4.00 chs.; (7) S. 2° W., 2.00 chs.; (8) S. 10° W., .80 chs.; (9) S. 34° W., 2.00 chs.; (10) S. 22° W., 0.78 chs.; to corner No. 2, meander corner, which is a spruce post, 5 ft. long, 3 in. square, set firmly in the ground, marked HS 2 MC; from which Corner No. 1 of John Hunter's home site bears S. 10° W., 2.00 chs. distant. A timbered point across the inlet bears N. 40° E. A hemlock, 19 in. diam., bears S. 45° W., 74 lks. distant, marked BT HS 2. Thence S. 48° W. 1.50 Corner No. 3, a spruce post, 5 ft. long, 4 in. square, set firmly in the ground, marked HS 3; from which The nearest point of the Angoon-Killisnoo Trail bears S. 48° W., 95 lks. A spruce, 9 in. diam., bears S. 21° 30' W., 33 lks., marked BT HS 3. Thence N. 47° W., along trail right of way. 8.26 Corner No. 1, and the place of beginning, containing approximately 4.28 acres. The survey was made April 12, 1929; the bearings of the lines were determined by needle compass, allowing a variation of 30° E., and are intended to refer to the true meridian. HERBERT HOOVER The White House, January 21, 1932.

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Scholarly & Legal Citations

Exec. Order No. 5779 (Jan. 21, 1932), https://executiveordersarchive.org/orders/app-executive-order-5779-tongass-national-forest-alaska.