By virtue of and pursuant to the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, it is ordered that Executive Order No. 6910, of November 26, 1934, as amended by Executive Order No. 7048, of May 20, 1935, temporarily withdrawing all public land in certain States for classification and other purposes, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Department of Commerce in the maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: Montana PRINCIPAL MERIDIAN T. 9 N., R. 3 W., sec. 25, SW¼NW¼; T. 4 N., R. 4 W., sec. 20, SW¼SW¼; sec. 30, NW¼SW¼. T. 9 N., R. 8 W., sec. 8, NW¼SW¼; aggregating 160 acres in State. Nevada MOUNT DIABLO MERIDIAN T. 19 N., R. 21 E., sec. 8, W½SW¼NE¼; T. 21 N., R. 26 E., sec. 10, NE¼NW¼NE¼NE¼; T. 30 N., R. 42 E., a tract which when surveyed will probably be the NW¼ SE¼SE¼NE¼ sec. 27; T. 34 N., R. 65 E., two 10-acre tracts which when surveyed will probably be the SW¼NW¼SE¼ sec. 14, and SW¼NE¼SE¼ sec. 16; T. 33 N., R. 70 E., a tract which when surveyed will probably be the NE¼ NE¼SW¼ sec. 18; T. 23 S., R. 58 E., sec. 23, SE¼NE¼NE¼; aggregating 65 acres in State. Wyoming SIXTH PRINCIPAL MERIDIAN T. 19 N., R. 103 W., sec. 18, NW¼SE¼NE¼NE¼ 2½ acres. FRANKLIN D. ROOSEVELT The White House, January 6, 1936.
Executive Order 7267 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 7267—Modification of Executive Order No. 6910, of November 26, 1934, as Amended, Withdrawing Public Lands in Certain States
Executive Brief • At a Glance
⏱️ 1 min read (290 words) •
● In Effect
🎯 Primary Mandate
Executive Order No. 6910, of November 26, 1934, as amended by Executive Order No. 7048, of May 20, 1935, temporarily withdrawing all public land in certain States for classification and other purposes, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Department of Commerce in the maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: Montana PRINCIPAL MERIDIAN T. 9 N., R. 3 W., sec. 25, SW¼NW¼; T. 4 N., R. 4 W., sec. 20, SW¼SW¼; sec. 30, NW¼SW¼.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants 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 January 6, 1936, this order concerns Modification of Executive Order No. 6910, of November 26, 1934, as Amended, Withdrawing Public Lands in Certain States. Executive Order No. 6910, of November 26, 1934, as amended by Executive Order No. 7048, of May 20, 1935, temporarily withdrawing all public land in certain States for classification and other purposes, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Department of Commerce in the maintenance of…
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. 6910, of November 26, 1934, as amended by Executive Order No. 7048, of May 20, 1935, temporarily withdrawing all public land in certain States for classification and other purposes, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Department of Commerce in the maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: Montana PRINCIPAL MERIDIAN T. 9 N., R. 3 W., sec. 25, SW¼NW¼; T. 4 N., R. 4 W., sec. 20, SW¼SW¼; sec. 30, NW¼SW¼.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Executive Departments & Federal Civil Servants
🏛️ 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.
🛡️ High Constitutional Concordance
23 / 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
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
290
1,535 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
6.7
Grade 7
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 6910 Nov 26, 1934
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6910—Withdrawal of Public Lands for Conservation
📜 10th Amend: Intergovernmental Federalism Cooperation
All of the vacant, unreserved and unappropriated public land in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah and Wyoming be, and it hereby is, temporarily withdrawn from settlement, location, sale or…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7048 May 20, 1935
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7048—Amendment of Executive Order No. 6910, of November 26, 1934, Withdrawing Public Lands in Certain States
📜 Art. II §1: Executive Discretion & Internal Operations
The said Executive Order No. 6910, of November 26, 1934, is hereby amended so as (1) to make it applicable to all lands within the States mentioned therein upon the cancelation or release of prior entries, selections, or claims, or upon the revocation of prior withdrawals…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7268 Jan 6, 1936
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7268—Designation of Coast Guard Vessels for Special Winter Cruising
📜 Art. I §8: Delegated Tariff & Commerce Execution
The Secretary of the Treasury cause a suitable number of Coast Guard vessels, when the necessities of the service permit it, to cruise upon the coast in the season of severe weather and to afford such aid to distressed navigators as their circumstances may require; and such…
Franklin D. Roosevelt High School • 1m
EO 7270 Jan 7, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7270—Withdrawal of Public Lands for Lookout Stations, Oregon
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 6910, of November 26, 1934, as amended by Executive Orders Nos. 7048, of May 20, 1935, and 7235, of November 26, 1935, temporarily withdrawing all public lands in certain States for classification and other purposes, is hereby revoked as to the…
Franklin D. Roosevelt Grade 9 • 1m
EO 7269 Jan 7, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7269—Revocation of Executive Order No. 6287, of September 14, 1933, Withdrawing Public Lands, New Mexico
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 6287,.of September 14, 1933, withdrawing public lands in T. 15 S., R. 22 E., and T. 9 S., R. 30 E. of the New Mexico principal meridian. New Mexico, pending a resurvey, is hereby revoked.
Franklin D. Roosevelt Grade 6 • 1m
EO 7266 Jan 4, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7266—Modification of Executive Order No. 6910, of November 26, 1934, as Amended, Withdrawing Public Lands in Certain States, Wyoming
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 6910, of November 26, 1934, as amended by Executive Order No. 7048, of May 20, 1935, temporarily withdrawing all public lands in certain States for classification and other purposes, be, and it is hereby, modified to the extent necessary to enable the…
Franklin D. Roosevelt Grade 8 • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 7267 (Jan. 6, 1936), https://executiveordersarchive.org/orders/app-executive-order-7267-modification-executive-order-no-6910-november-26-1934-amended.
