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Executive Order 7253 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7253—Allocation of Funds to the Secretary of the Interior for the Acquisition and Development of a Historic Site to Be Known as the Jefferson National Expansion Memorial

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Saturday, December 21, 1935
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3 min read (555 words)

Executive Brief • At a Glance

⏱️ 3 min read (555 words) • ● In Effect
🎯 Primary Mandate

I hereby allocate to the Secretary of the Interior from the funds made available by the said Act the sum of $6,750,000, which with the sum of $2,250,000 to be contributed by the City of St. Louis and accepted by the Secretary of the Interior under authority of the said act of August 21, 1935, will make available for the said project the total sum of $9,000,000; and the Secretary of the Interior, through the National Park Service, is hereby authorized and directed to expend the said sum of $9,000,000 in acquiring the said property and in developing and preserving it for the purposes of the said act of August 21, 1935, if and when the City of St. Louis shall make the said sum of $2,250,000 available to the Secretary of the Interior for such…

⚖️ 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 December 21, 1935, this order concerns Allocation of Funds to the Secretary of the Interior for the Acquisition and Development of a Historic Site to Be Known as the Jefferson National Expansion Memorial. I hereby allocate to the Secretary of the Interior from the funds made available by the said Act the sum of $6,750,000, which with the sum of $2,250,000 to be contributed by the City of St. Louis and accepted by the Secretary of the Interior under authority of the said act of August 21, 1935, will make available for the said project the total sum of $9,000,000; and the Secretary of the Interior, through the…

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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I hereby allocate to the Secretary of the Interior from the funds made available by the said Act the sum of $6,750,000, which with the sum of $2,250,000 to be contributed by the City of St. Louis and accepted by the Secretary of the Interior under authority of the said act of August 21, 1935, will make available for the said project the total sum of $9,000,000; and the Secretary of the Interior, through the National Park Service, is hereby authorized and directed to expend the said sum of $9,000,000 in acquiring the said property and in developing and preserving it for the purposes of the said act of August 21, 1935, if and when the City of St. Louis shall make the said sum of $2,250,000 available to the Secretary of the Interior for such…

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
555
3,288 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
23
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas the act of August 21, 1935, Public No. 292, 74th Congress, declares it to be a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States; and Whereas the Secretary of the Interior through the National Park Service has determined that certain lands situate on the west bank of the Mississippi River at and near the site of Old St. Louis, Missouri, possess exceptional value as commemorating or illustrating the history of the United States and are a historic site within the meaning of the said act, since thereon were situate: the Spanish Colonial office where, during the administration of Thomas Jefferson, third President of the United States, all the first territory comprised in the Upper Louisiana Purchase was transferred to the United States; the Government House at which, on March 9, 1804, Charles Dehault Delassus, the Spanish commandant in St. Louis, transferred possession of Upper Louisiana to Captain Amos Stoddard of the United States Army, who had been delegated by France as its representative, and at which, on the morning of March 10, 1804, Captain Stoddard, as the agent of the United States, took formal possession of the Louisiana Purchase and raised the American flag, by reason of which transactions the Spanish, French, and American flags waved successively over the site within a period of twenty-four hours; the old French Cathedral of St. Louis, earliest home of religion on the western bank of the Mississippi; the place where Laclede and Chouteau established the first civil government west of the Mississippi; the place where Lafayette was received by a grateful people; the places where the Santa Fe, the Oregon, and other trails originated; the place where Lewis and Clark prepared for their trip of discovery and exploration; and the Court House in which the Dred Scott case was tried; and Whereas the City of St. Louis has agreed to contribute for the project of acquiring and developing the said site the sum of $2,250,000, which is one-fourth of the entire amount to be expended for such purposes; and Whereas I find that the said project will be a useful project, and will provide relief, work relief, and increased employment; Now, Therefore , by virtue of and pursuant to the authority vested in me by the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (Pub. Res. No. 11, 74th Cong.), I hereby allocate to the Secretary of the Interior from the funds made available by the said Act the sum of $6,750,000, which with the sum of $2,250,000 to be contributed by the City of St. Louis and accepted by the Secretary of the Interior under authority of the said act of August 21, 1935, will make available for the said project the total sum of $9,000,000; and the Secretary of the Interior, through the National Park Service, is hereby authorized and directed to expend the said sum of $9,000,000 in acquiring the said property and in developing and preserving it for the purposes of the said act of August 21, 1935, if and when the City of St. Louis shall make the said sum of $2,250,000 available to the Secretary of the Interior for such purposes. FRANKLIN D. ROOSEVELT The White House, December 21st, 1935.

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Scholarly & Legal Citations

Exec. Order No. 7253 (Dec. 21, 1935), https://executiveordersarchive.org/orders/app-executive-order-7253-allocation-funds-the-secretary-the-interior-for-the-acquisition-and.