It is hereby ordered that Executive orders of March 28, 1898, and May 20, 1922, reserving lands on Kodiak Island, Alaska, for an experimental station for the use of the Department of Agriculture, be, and the same are hereby, revoked and the lands placed under the control of the Secretary of the Interior. It is also hereby ordered that the tract of land hereinafter described be, and the same is hereby, reserved subject to valid existing rights for the use of the War Department as a radio station: Beginning at corner No. 4 of amended U.S. Survey No. 1272, which is comer No. 10 of U.S. Survey No. 1389; Thence S. 55° 17' W., 19.00 chs., to a point on the line between comers Nos. 4 and 5 of amended U.S. Survey No. 1272 and between comers Nos. 9 and 10 of U.S. Survey No. 1389; Thence S. 34° 43' E., 20.69 chs., to a point in a wire fence on the northwest side of the road; Thence S. 43° 40' XV., along a wire fence, 9.77 chs., to a point on the line between comers Nos. 6 and 7 of amended U.S. Survey No. 1272 and between comers Nos. 3 and 4 of U.S. Survey No. 562; Thence east, with part of the line between comers Nos. 6 and 7 of amended U.S. Survey No. 1272, 0.90 ch., to corner No. 7 of said survey; Thence S. 44° 43' E., 2.01 chs., to comer No. 8 of said survey; Thence south, 8.65 chs., to a point on the line between comers Nos. 8 and 9 of said survey and between corners Nos. 5 and 1 of U.S. Survey No. 562; Thence N. 55° 17' E., 32.39 chs., to a point on the line between comers Nos. 3 and 4 of said survey and between corners Nos. 10 and 1 of U.S. Survey No. 1389; Thence N. 34° 43' W., with part of the line between corners Nos. 3 and 4 of amended U.S. Survey No. 1272 and between corners Nos. 10 and 1 of U.S. Survey No. 1389, 32.24 chs., to corner No. 4 of amended U.S. Survey No. 1272, the place of beginning, containing 72.11 acres, be the same more or less. It is further hereby ordered that the two tracts of land hereinafter described be, and the same are hereby, reserved subject to valid existing rights for the use of the Alaska Game Commission for pasturage and other purposes: Tract No. 1 Beginning at corner No. 1 of amended U.S. Survey No. 1272; Thence S. 34° 43' E., 4.56 chs., to the true point for meander comer No. 2 of said survey, a point on the shore of St. Paul Harbor; Thence with the meanders of St. Paul Harbor: N. 52° 44' E., 1.80 chs., to a point; N. 33° 43' E., 2.29 chs., to a point; N. 61° 57' E., 2.06 chs., to a point; N. 42° 03' E., 2.44 chs., to a point; N. 61° 38' E., 7.87 chs., to a point; N. 42° 46' E., 1.59 chs., to the true point for meander comer No. 3 of amended U.S. Survey No. 1272; Thence N. 34° 43' W., 7.76 chs., to a point on the line between comers Nos. 3 and 4 of said survey and between corners Nos. 10 and 1 of U.S. Survey No. 1389; Thence S. 55° 17' W., 32.39 chs., to a point on the line between comers Nos. 8 and 9 of said survey and between corners Nos. 5 and 1 of U.S. Survey No. 562; Thence south, with part of the line between comers Nos. 8 and 9 of amended U.S. Survey No. 1272, 2.00 chs., to comer No. 9 of said survey; Thence N. 58° 28' E., 1.29 chs., to comer No. 10 of said survey; Thence S. 35° 10' E., 2.20 chs., to comer No. 11 of said survey; Thence N. 55° 17' E., 14.50 chs., to comer No. 1 of amended U.S. Survey No. 1272, the place of beginning, containing 19.61 acres, be the same more or less. Tract No. 2 Beginning at corner No. 5 of amended U.S. Survey No. 1272; Thence S. 34° 43' E., 14.74 chs., to comer No. 6 of said survey; Thence east, 13.90 chs., to a point on the line between comers Nos. 6 and 7 of said survey, in a wire fence on the northwest side of a road; Thence N. 43° 40' E., along a wire fence, 9.77 chs., to a point on northwest side of road; N. 34° 43' W., 20.69 chs., to a point on the line between comers Nos. 4 and 5 of amended U.S. Survey No. 1272 and between comers Nos. 9 and 10 of U.S. Survey No. 1389; Thence S. 55° 17' W., 21.00 chs., to corner No. 5 of amended U.S. Survey No. 1272, the place of beginning, containing 42.11 acres, be the same more or less. This order shall continue in full force and effect unless and until revoked by the President or by act of Congress. HERBERT HOOVER The White House, February 20, 1933.
Executive Order 6039 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 6039—Revocation of Withdrawal of Public Lands in Alaska and Reservation of a Part for the War Department and Alaska Game Commission
Executive Brief • At a Glance
⏱️ 4 min read (854 words) •
● In Effect
🎯 Primary Mandate
Executive orders of March 28, 1898, and May 20, 1922, reserving lands on Kodiak Island, Alaska, for an experimental station for the use of the Department of Agriculture, be, and the same are hereby, revoked and the lands placed under the control of the Secretary of the Interior.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
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 February 20, 1933, this order concerns Revocation of Withdrawal of Public Lands in Alaska and Reservation of a Part for the War Department and Alaska Game Commission. Executive orders of March 28, 1898, and May 20, 1922, reserving lands on Kodiak Island, Alaska, for an experimental station for the use of the Department of Agriculture, be, and the same are hereby, revoked and the lands placed under the control of the Secretary of the Interior.
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
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Executive orders of March 28, 1898, and May 20, 1922, reserving lands on Kodiak Island, Alaska, for an experimental station for the use of the Department of Agriculture, be, and the same are hereby, revoked and the lands placed under the control of the Secretary of the Interior.
▪
It is also hereby ordered that the tract of land hereinafter described be, and the same is hereby, reserved subject to valid existing rights for the use of the War Department as a radio station: Beginning at corner No. 4 of amended U.S. Survey No. 1272, which is comer No. 10 of U.S. Survey No. 1389; Thence S. 55° 17' W., 19.00 chs., to a point on the line between comers Nos. 4 and 5 of amended U.S. Survey No. 1272 and between comers Nos. 9 and 10 of U.S. Survey No. 1389; Thence S. 34° 43' E., 20.69 chs., to a point in a wire fence on the northwest side of the road; Thence S. 43° 40' XV., along a wire fence, 9.77 chs., to a point on the line between comers Nos. 6 and 7 of amended U.S. Survey No. 1272 and between comers Nos. 3 and 4 of U.S.…
▪
It is further hereby ordered that the two tracts of land hereinafter described be, and the same are hereby, reserved subject to valid existing rights for the use of the Alaska Game Commission for pasturage and other purposes: Tract No. 1 Beginning at corner No. 1 of amended U.S. Survey No. 1272; Thence S. 34° 43' E., 4.56 chs., to the true point for meander comer No. 2 of said survey, a point on the shore of St. Paul Harbor; Thence with the meanders of St. Paul Harbor: N. 52° 44' E., 1.80 chs., to a point; N. 33° 43' E., 2.29 chs., to a point; N. 61° 57' E., 2.06 chs., to a point; N. 42° 03' E., 2.44 chs., to a point; N. 61° 38' E., 7.87 chs., to a point; N. 42° 46' E., 1.59 chs., to the true point for meander comer No. 3 of amended U.S.…
▪
Tract No. 2 Beginning at corner No. 5 of amended U.S. Survey No. 1272; Thence S. 34° 43' E., 14.74 chs., to comer No. 6 of said survey; Thence east, 13.90 chs., to a point on the line between comers Nos. 6 and 7 of said survey, in a wire fence on the northwest side of a road; Thence N. 43° 40' E., along a wire fence, 9.77 chs., to a point on northwest side of road; N. 34° 43' W., 20.69 chs., to a point on the line between comers Nos. 4 and 5 of amended U.S. Survey No. 1272 and between comers Nos. 9 and 10 of U.S. Survey No. 1389; Thence S. 55° 17' W., 21.00 chs., to corner No. 5 of amended U.S. Survey No. 1272, the place of beginning, containing 42.11 acres, be the same more or less.
Constitutional & Societal Entities Impacted
🏛️ 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 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
854
4,243 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
2.5
Grade 3
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 • 1940-06-12
Related Executive Orders
Other executive actions signed by Herbert Hoover around this period.
EO 6040 Feb 20, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6040—Public Water Reserve No. 150, Oregon
📜 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): Willamette Meridian T. 28 S., R. 37 E.…
Herbert Hoover High School • 1m
EO 6038 Feb 20, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6038—Authorizing the Appointment of Laurence Gouverneur Hoes
📜 Art. II §1: Executive Discretion & Internal Operations
Mr. Laurence Gouverneur Hoes may be appointed to a position in the Veterans' Administration without regard to the requirements of the civil-service rules. This order is issued upon the recommendation of the Administrator of Veterans' Affairs.
Herbert Hoover High School • 1m
EO 6042 Feb 21, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6042—Authorizing the Appointment of Mrs. Grace F. Smythe
📜 Art. II §1: Executive Discretion & Internal Operations
Mrs. Grace F. Smythe, who, since February 8, 1924, has been serving in a position in the Post Office Department excepted from civil-service requirements, may be appointed in the classified service without compliance with civil-service rules.
Herbert Hoover High School • 1m
EO 6041 Feb 21, 1933
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6041—Authorizing the Appointment of Mrs. Adelle B. Freeman
📜 10th Amend: Intergovernmental Federalism Cooperation
Mrs. Adelle B. Freeman may be appointed a junior bacteriologist in the Department of Agriculture without reference to the civil-service rules.
Herbert Hoover High School • 1m
EO 6037 Feb 18, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6037—Authorizing the Appointment of Miss Alice Mummenhoff
📜 Art. II §1: Executive Discretion & Internal Operations
Miss Alice Mummenhoff, who, since March 5, 1923, has been serving in a position in the Post Office Department excepted from civil-service requirements, may be appointed in the classified service without compliance with civil-service rules.
Herbert Hoover High School • 1m
EO 6036 Feb 18, 1933
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6036—Authorizing the Appointment of Mr. Edmond M. Martin
📜 Art. II §1: Executive Discretion & Internal Operations
Edmond M. Martin, who, since June 28, 1929, has been serving in a position in the Post Office Department excepted from civil-service requirements, may be appointed in the classified service without compliance with civil-service rules.
Herbert Hoover High School • 1m
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Scholarly & Legal Citations
Exec. Order No. 6039 (Feb. 20, 1933), https://executiveordersarchive.org/orders/app-executive-order-6039-revocation-withdrawal-public-lands-alaska-and-reservation-part-for.
