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Executive Orders Historical Archive
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Executive Order 7183 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7183-A—Authorizing Construction of Bluestone Reservoir Project on New River

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Thursday, September 12, 1935
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3 min read (638 words)

Executive Brief • At a Glance

⏱️ 3 min read (638 words) • ● In Effect
🎯 Primary Mandate

The Secretary of War, through the Chief of Engineers, United States Army, to proceed with the construction of said Bluestone Reservoir Project in accordance with the report of the Chief of Engineers to the Congress and the plans and specifications submitted therewith, subject to such changes in said plans and specifications as shall be approved by the Chief of Engineers; and I hereby allocate from the funds appropriated or made available by the said Emergency Relief Appropriation Act of 1935, the sum of $1,000,000.00 for the construction of the said Bluestone Reservoir Project in accordance with the provisions of this order.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Private Citizens & Property Owners Public Health & Medical Institutions

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 September 12, 1935, this order concerns Authorizing Construction of Bluestone Reservoir Project on New River. The Secretary of War, through the Chief of Engineers, United States Army, to proceed with the construction of said Bluestone Reservoir Project in accordance with the report of the Chief of Engineers to the Congress and the plans and specifications submitted therewith, subject to such changes in said plans and specifications as shall be approved by the Chief of Engineers; and I hereby allocate from the funds…

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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The Secretary of War, through the Chief of Engineers, United States Army, to proceed with the construction of said Bluestone Reservoir Project in accordance with the report of the Chief of Engineers to the Congress and the plans and specifications submitted therewith, subject to such changes in said plans and specifications as shall be approved by the Chief of Engineers; and I hereby allocate from the funds appropriated or made available by the said Emergency Relief Appropriation Act of 1935, the sum of $1,000,000.00 for the construction of the said Bluestone Reservoir Project in accordance with the provisions of this order.

▪

Of the amount above allocated the sum of $800,000.00 shall be available for the acquisition by purchase, condemnation, or otherwise, of lands necessary for the said project, and the Secretary of War is hereby directed to proceed to acquire and clear, or cause to be acquired and cleared, such lands in anticipation of their use for such project.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
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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)
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"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
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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
38 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

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

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
638
3,844 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
28.5
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WEST VIRGINIA Whereas pursuant to House Document No. 308, 69th Congress, 1st Session, enacted into law with modifications in section 1 of the Rivers and Harbors Act of January 21, 1927 (44 Stat. 1010), and under the provisions of section 10 of the act of May 15, 1928, 45 Stat. 534, 538, known as the Flood Control Act, the Secretary of War caused surveys to be made of projects for flood control on the tributary streams of the Mississippi River subject to destructive floods, including projects on the Ohio River and its tributary, the Kanawha River, which in its upper reaches in North Carolina, Virginia, and West Virginia is known as the New River; and Whereas after said surveys had been made the Chief of Engineers, United States Army, prepared a report in which he recommended that a project to be known as the Bluestone Reservoir Project, and to be located at Bluestone on New River just above Hinton, West Virginia, be constructed for the purposes of power development, flood control, and creation of navigation in accordance with the general plans prepared and set forth in the said report, at an estimated cost of $13,000,000; and Whereas the said report was approved by the Mississippi River Commission July 31, 1934, and by the Board of Engineers for Rivers and Harbors January 11, 1935, which recommended the construction of the said project at a total estimated cost of $12,942,000; and Whereas the Secretary of War, on January 29, 1935, approved the said report of the Chief of Engineers and transmitted it, together with the reports of the Mississippi River Commission and the Board of Engineers for Rivers and Harbors, to the Congress; and Whereas I find that the construction of the said Bluestone Reservoir Project, in accordance with the plans prepared under the direction of the Chief of Engineers and approved by him and set forth in his said report, will aid in flood control and in the prevention of soil erosion and stream pollution, and will promote navigation, agriculture, sanitation, and power production; and Whereas I further find that the sale, in the manner provided by law, of the power produced at the said project will tend to make the project self-liquidating; and Whereas the said Bluestone Reservoir Project has been included in the comprehensive program of public works prepared by the Federal Emergency Administrator of Public Works under the direction of the President in accordance with the provisions of section 202 of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 201): Now, Therefore , by virtue of and pursuant to the authority vested in me by the said National Industrial Recovery Act and by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Public Resolution No. 11, 74th Congress), I hereby order and direct the Secretary of War, through the Chief of Engineers, United States Army, to proceed with the construction of said Bluestone Reservoir Project in accordance with the report of the Chief of Engineers to the Congress and the plans and specifications submitted therewith, subject to such changes in said plans and specifications as shall be approved by the Chief of Engineers; and I hereby allocate from the funds appropriated or made available by the said Emergency Relief Appropriation Act of 1935, the sum of $1,000,000.00 for the construction of the said Bluestone Reservoir Project in accordance with the provisions of this order. Of the amount above allocated the sum of $800,000.00 shall be available for the acquisition by purchase, condemnation, or otherwise, of lands necessary for the said project, and the Secretary of War is hereby directed to proceed to acquire and clear, or cause to be acquired and cleared, such lands in anticipation of their use for such project. FRANKLIN D. ROOSEVELT The White House, September 12, 1935.

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Scholarly & Legal Citations

Exec. Order No. 7183 (Sept. 12, 1935), https://executiveordersarchive.org/orders/app-executive-order-7183-authorizing-construction-bluestone-reservoir-project-new-river.