ALASKA It is hereby ordered that the land hereinafter described, which is a part of the tract reserved for the use of the Office of Education by Executive Order No. 5391, dated July 8, 1930, be, and the same is hereby, placed under the control of the Secretary of War for the use of the Washington-Alaska Military Cable and Telegraph System: Beginning at a point in the northerly boundary line of tract heretofore set aside, said point bearing due north 132 ft. from the northeast corner of the boys' dormitory, known as Warren Hall; thence east 132 ft.; thence south 792 ft.; thence west 924 ft.; thence north 792 ft.; thence east 792 ft. to the point of beginning, together with necessary right-of-way for ingress and egress thereto, subject to a right-of-way across the tract for the Office of Indian Affairs from the "Pump House" to its buildings on the adjoining tract and the free passage of Indian Office employees and the laying of pipe lines to carry water from the pump house to the buildings on the adjoining tract. This order shall continue in full force and effect unless and until revoked by the President or by act of Congress. FRANKLIN D. ROOSEVELT The White House, May 2, 1933.
Executive Order 6118—Transferring Control of Certain Land to the Secretary of War
Executive Brief • At a Glance
The land hereinafter described, which is a part of the tract reserved for the use of the Office of Education by Executive Order No. 5391, dated July 8, 1930, be, and the same is hereby, placed under the control of the Secretary of War for the use of the Washington-Alaska Military Cable and Telegraph System: Beginning at a point in the northerly boundary line of tract heretofore set aside, said point bearing due north 132 ft. from the northeast corner of the boys' dormitory, known as Warren Hall; thence east 132 ft.; thence south 792 ft.; thence west 924 ft.; thence north 792 ft.; thence east 792 ft. to the point of beginning, together with necessary right-of-way for ingress and egress thereto, subject to a right-of-way across the tract…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on May 2, 1933, this order concerns Transferring Control of Certain Land to the Secretary of War. The land hereinafter described, which is a part of the tract reserved for the use of the Office of Education by Executive Order No. 5391, dated July 8, 1930, be, and the same is hereby, placed under the control of the Secretary of War for the use of the Washington-Alaska Military Cable and Telegraph System: Beginning at a point in the northerly boundary line of tract heretofore set aside, said point bearing due…
Key Directives & Operative Actions
The land hereinafter described, which is a part of the tract reserved for the use of the Office of Education by Executive Order No. 5391, dated July 8, 1930, be, and the same is hereby, placed under the control of the Secretary of War for the use of the Washington-Alaska Military Cable and Telegraph System: Beginning at a point in the northerly boundary line of tract heretofore set aside, said point bearing due north 132 ft. from the northeast corner of the boys' dormitory, known as Warren Hall; thence east 132 ft.; thence south 792 ft.; thence west 924 ft.; thence north 792 ft.; thence east 792 ft. to the point of beginning, together with necessary right-of-way for ingress and egress thereto, subject to a right-of-way across the tract…
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 6118 (May 2, 1933), https://executiveordersarchive.org/orders/app-executive-order-6118-transferring-control-certain-land-the-secretary-war.