By virtue of the authority vested in me by act of June 25, 1910 (ch. 421, 36 Stat. 847-848), Executive Order No. 6143, dated May 23, 1933, withdrawing certain public lands to aid the State of New Mexico in making exchange selections under the act of June 15, 1926 (ch. 590, 44 Stat. 746-748), is, insofar as it pertains to the following-described lands, hereby revoked: New Mexico Principal Meridian T. 25 S., R. 15 E., sec. 6, lot 6, NE¼SW¼, N½SE¼; secs. 7 and 8. T. 25 S., R. 16 E., sec. 1, lots 1, 2, 3, S½NE¼, SE¼NW¼, N½SE¼, NE¼SW¼. T. 25 S., R. 16 E., sec. 12, E½ E½W½; sec. 26, SW¼SE¼; sec. 30, lots 1, 2, 3, 4, E½W½; sec, 31, lots 1, 2, 3, E½NW¼, NE¼SW¼, N½SE¼. It is further ordered, pursuant to Public Resolution 85, approved June 12, 1930 (ch. 471, 46 Stat. 580), that, subject to existing valid rights, the above-described areas shall be opened only to entry under the homestead or desert-land laws by qualified ex-service men for whose service recognition is granted by said resolution and the regulations issued thereunder, for a period of 91 days beginning with the sixty-third day from and after the date hereof, and thereafter to appropriation by the general public under any public-land law applicable thereto. Subsequent to the date hereof and prior to the date of restoration to general disposition as herein provided, no right may be acquired to such lands by settlement in advance of entry or otherwise except strictly in accordance with this order. FRANKLIN D. ROOSEVELT The White House, October 25, 1933.
Executive Order 6362 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 6362—Partial Revocation of Executive Order No. 6143 Withdrawing Certain Lands in New Mexico
Executive Brief • At a Glance
⏱️ 1 min read (269 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 6143, dated May 23, 1933, withdrawing certain public lands to aid the State of New Mexico in making exchange selections under the act of June 15, 1926 (ch. 590, 44 Stat. 746-748), is, insofar as it pertains to the following-described lands, hereby revoked: New Mexico Principal Meridian T. 25 S., R. 15 E., sec. 6, lot 6, NE¼SW¼, N½SE¼; secs. 7 and 8.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 Franklin D. Roosevelt on October 25, 1933, this order concerns Partial Revocation of Executive Order No. 6143 Withdrawing Certain Lands in New Mexico. Executive Order No. 6143, dated May 23, 1933, withdrawing certain public lands to aid the State of New Mexico in making exchange selections under the act of June 15, 1926 (ch. 590, 44 Stat. 746-748), is, insofar as it pertains to the following-described lands, hereby revoked: New Mexico Principal Meridian T. 25 S., R. 15 E., sec. 6, lot 6, NE¼SW¼, N½SE¼; secs. 7 and 8.
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
▪
Executive Order No. 6143, dated May 23, 1933, withdrawing certain public lands to aid the State of New Mexico in making exchange selections under the act of June 15, 1926 (ch. 590, 44 Stat. 746-748), is, insofar as it pertains to the following-described lands, hereby revoked: New Mexico Principal Meridian T. 25 S., R. 15 E., sec. 6, lot 6, NE¼SW¼, N½SE¼; secs. 7 and 8.
▪
It is further ordered, pursuant to Public Resolution 85, approved June 12, 1930 (ch. 471, 46 Stat. 580), that, subject to existing valid rights, the above-described areas shall be opened only to entry under the homestead or desert-land laws by qualified ex-service men for whose service recognition is granted by said resolution and the regulations issued thereunder, for a period of 91 days beginning with the sixty-third day from and after the date hereof, and thereafter to appropriation by the general public under any public-land law applicable thereto.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Private Citizens & Property Owners
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.
⚖️ Discretionary Twilight Zone
31 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
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 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
269
1,527 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
8.3
Grade 8
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 6143 May 23, 1933
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6143—Withdrawal of Public Lands to Aid the State in Making Exchange Selections
📜 10th Amend: Intergovernmental Federalism Cooperation
The public lands within the following-described area in New Mexico be, and the same are hereby, temporarily withdrawn from settlement, location, sale, or entry, except as provided by said acts and by the act of June 15, 1926 (44 Stat. 746-748), which authorizes such withdrawal…
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📜 Art. II §1: Executive Discretion & Internal Operations
By virtue of the authority vested in me by the act of June 25, 1910 (ch. 421, 36 Stat. 847-848), as amended by the act of August 24, 1912 (ch. 369, 37 Stat. 497), so much of Executive orders of July 9, 1910, April 22, 1911, and May 18, 1911, creating coal-land withdrawals, New…
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🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6361—Withdrawal of Public Lands for Classification, California
📜 10th Amend: Intergovernmental Federalism Cooperation
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Mr. Wade Crawford may be appointed to the position of superintendent of the Klamath Indian Agency, Klamath Agency, Oregon, without compliance with the requirements of the Civil Service rules. This order is recommended by the Secretary of the Interior.
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⚖️⚠️ Zone 3 (Lowest Ebb) Friction (-0.19)
Executive Order 6359—Relating to Gold Recovered from Natural Deposits
📜 Art. I §8: Legislative Prerogative Tension (Purse & Commerce)
I, Franklin D. Roosevelt, President of the United States of America , do declare that a period of national emergency exists, and by virtue of said authority and of all other authority vested in me, do hereby issue the following Executive order: Section 1.
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🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6365—Greenwich, Middletown, Norwalk, South Manchester, and Stamford, Connecticut, Abolished as Customs Ports of Entry
📜 Art. I §8: Delegated Tariff & Commerce Execution
By virtue of the authority vested in me by section 1 of the act of August 1, 1914 (ch. 223, 38 Stat. 609, 623; 19 U.S.C., sec. 2), Greenwich, Middletown, Norwalk, South Manchester, and Stamford, Connecticut, are hereby abolished as customs ports of entry in customs collection…
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📜
Scholarly & Legal Citations
Exec. Order No. 6362 (Oct. 25, 1933), https://executiveordersarchive.org/orders/app-executive-order-6362-partial-revocation-executive-order-no-6143-withdrawing-certain-lands.
