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Executive Order 5856 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 5856—Tongass National Forest, Alaska

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Saturday, June 11, 1932
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10 min read (2,099 words)

Executive Brief • At a Glance

⏱️ 10 min read (2,099 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 June 11, 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
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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
26 / 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

Low Friction

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

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
2,099
10,920 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
5
Grade 5
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
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Official Archival Text

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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, 1.31 chains north of center line of Glacier Highway and 50 feet north of power transmission line, about 7 miles northwest of Juneau, Alaska, in approximate latitude 58° 21' 10" N., longitude 134° 33' 00" W., which corner is identical with Corner No. 1 of Tract B and is a hemlock post 5 feet long, 5 inches diameter, squared to 4 inches, set 18 inches in ground, marked HS 1 B on east face and C on west face; from which A hemlock, 8 in. diameter, bears S. 77° E., 24 lks. distant, blazed and marked WHS 1. A hemlock, 6 in. diameter, bears S. 7½° W., 12 lks. distant, blazed and marked WHS 1. Transmission pole No. 182 bears S. 57° E. Thence North. 7.00 Corner No. 2, which is a hemlock post 5 feet long, 4½ in. diameter, squared to 3½ inches, set 18 inches in ground, marked HS 2 on south face, B on east face and C on west face; from which A hemlock, 18 in. diameter, bears N. 73° E., 13 lks. distant, blazed and marked WHS 2. A hemlock, 12 in. diameter, bears S. 64° W., 31 lks. distant, blazed and marked WHS 2. Thence N. 89° W. 7.00 Corner No. 3, which corner is identical with Corner No. 3 of right-of-way and is a hemlock post 5 feet long, 6 inches diameter, set 18 inches in ground, marked HS 3C on east face and R0W3 on west face; from which A hemlock, 9 in. diameter, bears S. 85° W., 18 lks. distant, blazed and marked WHS3. A hemlock, 9 in. diameter, bears S. 65° E., 17 lks. distant, blazed and marked WHS3. Thence South. 7.00 Corner No. 4, 56 lks. from center line of Glacier Highway and 50 feet from power transmission line, which corner is identical with Corner No. 4 of right-of-way and is a hemlock post 5 feet long, 6 inches diameter, squared to 4 inches, set 18 inches in ground, marked HSC4 on east face and ROW4 on west face; from which A lodgepole pine, 17 in. diameter, bears N. 75° 30' E., 54 lks. distant, blazed and marked WHS4. A lodgepole pine, 14 in. diameter, bears N. 58° 30' W., 41 lks. distant, blazed and marked WHS4. Thence S. 89° E., clearing both powder line and road rights-of-way. 7.00 Corner No. 1, the place of beginning, containing approximately 4.90 acres. The survey was made July 5 to 8, 1928; the bearings of the lines were determined by needle compass, allowing a variation of 31° 30' E., and are intended to refer to the true meridian. Beginning at Corner No. 1, 33 feet north of center line of Glacier Highway about 7 miles northwest of Juneau, Alaska, in approximate latitude 58° 21' 10" N., longitude 134° 33' 00" W., which corner is identical wTith Corner No. 1 of Tract F, and is a hemlock post 5½ feet long, 7 inches diameter, squared to 6 inches, set 2 feet in ground, marked HS1 on south face, E on east face and F on west face; from which A hemlock, 28 in. diameter, bears S. 61° E., 15 lks. distant, blazed and marked WHS1. A spruce, 16 in. diameter, bears S. 67½ 0 W., 29 lks. distant, blazed and marked WHS1. Thence North. 7.00 Corner No. 2, which corner is identical with Corner No. 2 of Tract F, and is a hemlock post 6 feet long, 7 inches diameter, squared to 5½ inches, set 2 feet in ground, marked HS 2 on south face, E on east face and F on wrest face; from which A spruce, 13 in. diameter, bears S. 85° W., 30 lks. distant, blazed and marked WHS2. A hemlock, 12 in. diameter, bears N. 17° W., 32 lks. distant, blazed and marked WHS2. Thence S. 85° E. 7.03 Corner No. 3, which corner is identical with Corner No. 3 of Tract D, and is a spruce post 5 feet long, 7 inches diameter, squared to 4½ inches, set 2 feet in ground, marked HS3 on south face, D on east face and E on west face; from which A spruce, 11 in. diameter, bears N. 49° 30' W., 24 lks. distant, blazed and marked WHS3. A hemlock, 8 in. diameter, bears N. 17° E., 26 lks. distant, blazed and marked WHS3. Thence South. 7.00 Corner No. 4, which corner is 33 feet from the center line of Glacier Highway and identical with Corner No. 4 of Tract D, and is a lodgepole pine post 5½ feet long, 7 inches diameter, squared to 5 inches, set 1½ feet in ground, marked HS4 on south face, D on east face and E on west face. Thence N. 85° W., paralleling Glacier Highway and 33 feet from the center line thereof. 7.03 Corner No. 1, the place of beginning, containing approximately 4.90 acres. The survey was made July 5 to 8, 1928; the bearings of the lines were determined by needle compass, allowing a variation of 31° 30' E., and are intended to refer to the true meridian. Beginning at Corner No. 1, 33 feet north of the center line of Glacier Highway about 7 miles northwest of Juneau, Alaska, in approximate latitude 58° 21' 10" N., longitude 134° 33' 00" W., which corner is identical with Corner No. 1 of Tract E, a hemlock post 5½ feet long, 7 inches diameter, squared to 6 inches, set 2 feet in ground, marked HS1 on south face, E on east face and F on wrest face; from which A hemlock, 28 in. diameter, bears S. 61° E., 15 lks. distant, blazed and marked WHS1. A spruce, 16 in. diameter, bears S. 67½° W., 29 lks. distant, blazed and marked WHS1. Thence North. 7.00 Corner No. 2, which corner is identical with Corner No. 2 of Tract E and is a hemlock post 6 feet long, 7 inches diameter, squared to 5½ inches, set 2 feet in ground, marked HS2 on south face, E on east face and F on west face; from which A spruce, 13 in. diameter, bears S. 85° W., 30 lks. distant, blazed and marked WHS2. A hemlock, 12 in. diameter, bears N. 17° W., 32 lks. distant, blazed and marked W1IS2. Thence N. 88° W. 4.56 Corner No. 3, which corner is identical w ith Corner No. 3 of Tract G and is a spruce post 5½ feet long, 6 inches diameter, squared to 4½ inches, set 2 feet in ground, marked HS3 on south face, F on east face and G on west face; from which A spruce, 14 in. diameter, bears S. 73° E., 21 lks. distant, blazed and marked WHS3. A hemlock, 16 in. diameter, beam S. 10° E., 12 lks. distant, blazed and marked WHS3. Thence South. 7.00 Corner No. 4, which corner is 33 feet north of the center line of Glacier Highway and identical with Corner No. 4 of Tract G, and is a spruce post 6 feet long, 7 inches diameter, squared to 5 inches, set 2 feet in ground, marked HS4 on south face, F on east face and G on west face; from which A spruce, 24 in. diameter, bears S. 61° W., 15 lks. distant, blazed and marked WHS4. A hemlock, 18 in. diameter, bears S. 28° E., 5 lks. distant, blazed and marked WHS4. Thence S. 88° E., paralleling Glacier Highway and 33 feet from the center line thereof. 4.56 Corner No. 1, the place of beginning, containing approximately 3.19 acres. The survey was made July 5 to 8, 1928; the bearings of the lines were determined by needle compass, allowing a variation of 31° 30' E., and are intended to refer to the true meridian. Beginning at Corner No. 1, meander corner, on line of mean high tide on the point of land dividing the head of Coal Bay into two small bights, Prince of Wales Island, Alaska, in approximate latitude 55° 29.5' N., longitude 132° 29.5' W., which corner is a spruce post 4 inches square, set in mound of rocks at average high tide, marked HS 9 MC 1; from which A spruce, 25 in. diameter, bears N. 43° W., 48 lks. distant, blazed and marked WHS MC 1. A spruce, 22 in. diameter, bears S. 86° W., 52 lks. distant, blazed and marked W HS MC 1. Thence with meanders of mean high tide: (1) N. 29° 30' E., 1.50 chs.; (2) N. 7° W., 1.50 chs.; (3) N. 14° 30' W., 2.50 chs.; (4) N. 33° 45' W., 1.85 chs.; (5) N. 60° W., 1.30 chs.; (6) S. 80° W., 1.45 chs.; (7) S. 76° W., 2.50 chs.; (8) S. 74° W., 1.75 chs.; (9) S. 61° W., 1.50 chs.; (10) S. 52° W., 2.50 chs.; To Corner No. 2, meander corner, which is a boulder 18 inches wide, 20 inches on base, embedded in rocks and marked x-HS MC 2; from which A hemlock, 18 in. diameter, bears S. 28° E., 24 lks. distant, blazed and marked W HS MC 2. A spruce, 15 in. diameter, bears S. 81° E., 22 lks. distant, blazed and marked W HS MC 2. Thence S. 71° E. 11.70 Corner No. 1, the place of beginning, containing approximately 4.95 acres. The survey was made July 13 and 14, 1931; 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, which is 33 feet southwesterly from center line of Glacier Highway approximately 13 miles north of Juneau, Alaska, in approximate latitude 58° 21.5' N., longitude 134° 39.8' W., which corner is a post 4 inches square, 3 feet long, set 1 foot in ground, marked HS/1; from which A hemlock, 18 in. diameter, bears N. 89° W., 10 lks. distant, blazed and marked WHS/1. A hemlock, 24 in. diameter, bears S. 23° E., 16 lks. distant, blazed and marked WHS/1. Thence East. 0.48 Witness corner to Corner No. 2, meander corner, which is a hemlock post 4 feet long, set 1 foot in mound of rocks and marked HS/2 WC MC; from which Corner No. 1, meander corner of U.S. Survey No. 687 bears N. 84° 45' E., 7.57 chs. distant. A hemlock, 6 in. diameter, bears N. 3° E., 16 lks. distant, blazed and marked WHS/2 WC MC. The extreme end of rock point across small bay bears S. 68° E. 1.04 Corner No. 2, meander corner, on shore of Auke Bay; not set because of liability to destruction by tides. Thence with meanders of mean high tide: (1) S. 20° W., 1.20 chs.; (2) S. 56° W., 2.39 chs.; (3) N. 72° 30' W., 0.75 chs.; (4) N. 56° W., 0.55 chs.; To Corner No. 3, meander corner, on shore of Auke Bay; not set because of liability to destruction by tides. Thence North. 0.55 Witness corner to Corner No. 3, meander corner, which is a spruce post 4 feet long, squared 4 sides, set 2 feet in mound of rocks and marked HS/3WC MC; from which A spruce, 6 in. diameter, bears N. 72° W., 32 lks. distant, blazed and marked WHS/3WC MC. South end of Coghlan Island bears S. 17° W. 1.11 Corner No. 4, which is a spruce post 4 feet long, 4 inches square, set 1½ feet in ground in mound of rocks and marked HS/4; from which A hemlock, 16 in. diameter, bears S. 89° W., 60 lks. distant, blazed and marked WHS/4. South end of Coghlan Island bears S. 17° 30' W. Chs. Thence paralleling road right-of-way and 33 feet from the center line thereof: (1) N. 85° 30' E., 0.62 chs.; (2) N. 73° E. 0.93 chs.; (3) N. 64° 30' E., 0.53 chs.; (4) N. 63° E., 0.60 chs.; To Corner No. 1, the place of beginning, containing approximately 0.51 acres. The survey was made October 19, 1931; the bearings of the lines were determined by needle compass, allowing a variation of 31° 30' E., and are intended to refer to the true meridian. HERBERT HOOVER The White House, June 11, 1932.

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Herbert Hoover • 1932-11-16
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Scholarly & Legal Citations

Exec. Order No. 5856 (June 11, 1932), https://executiveordersarchive.org/orders/app-executive-order-5856-tongass-national-forest-alaska.