By virtue of and pursuant to the authority vested in me as President of the United States, and in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222), it is hereby ordered (1) that all the following-described public lands, surveyed or unsurveyed, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife; and (2) that such part of said lands as the Secretary of Agriculture may deem proper be reserved for use as a shooting area to be operated under a cooperative agreement or lease with the Montana State Game Commission or such other operating agency as may be approved, and under such regulations as may from time to time be adopted by the Secretary of Agriculture. Most of the lands involved have been withdrawn for reclamation purposes in connection with the Milk River Irrigation Project in Montana, and are primarily under the jurisdiction of the Department of the Interior. The reservation of these lands as a migratory-waterfowl refuge is subject to the use thereof by said Department for irrigation and other incidental purposes and to any other existing valid rights. Principal Meridian T. 30 N., R. 31 E., sec. 1, lots 1 to 4, inclusive, S½N½, N½SW¼, SW¼SW¼, and N½SE¼; secs. 2 to 5, inclusive; sec. 8, NE¼ and SE¼NW¼; sec. 9, N½, N½SW¼, and SE¼; sec. 10, all; sec. 11, N½ and SW¼. T. 31 N., R. 31 E., sec. 21, lot 1, SE¼SW¼, N½SE¼, and SW¼SE¼; sec. 22, lots 1 to 4, inclusive, and N½S½; sec. 23, S½; sec. 24, SW¼; sec. 25, S½NE¼, NW¼, and S½; secs. 26, 27, and 28; sec. 29, lot 1, SE¼NE¼, SE¼SW¼, N½SE¼, and SW¼SE¼; sec. 32, lots 1 to 6, inclusive, NE¼NW¼, SE¼SW¼SW¼, and E½SW¼; secs. 33 to 36, inclusive. T. 30 N., R. 32 E., sec. 6, lots 1 to 8, inclusive, and lot 12. T. 31 N., R. 32 E., sec. 28, SW¼; sec. 29, SW¼NE¼, S½NW¼, and S½; sec. 30, lots 2, 3, and 4, S½NE¼, SE¼NW¼, E½SW¼, and SE¼; sec. 31, all; sec. 32, N½ and N½S½; sec. 33, lots 2 and 3, north of Great Northern Railway Company's right-of-way, and NW¼. This refuge shall be known as the Lake Bowdoin Migratory Waterfowl Refuge. FRANKLIN D. ROOSEVELT The White House, February 14, 1936.
Executive Order 7295 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 7295—Establishing Lake Bowdoin Migratory Waterfowl Refuge, Montana
Executive Brief • At a Glance
⏱️ 2 min read (402 words) •
● In Effect
🎯 Primary Mandate
That all the following-described public lands, surveyed or unsurveyed, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife; and (2) that such part of said lands as the Secretary of Agriculture may deem proper be reserved for use as a shooting area to be operated under a cooperative agreement or lease with the Montana State Game Commission or such other operating agency as may be approved, and under such regulations as may from time to time be adopted by the Secretary of Agriculture.
⚖️ 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 February 14, 1936, this order concerns Establishing Lake Bowdoin Migratory Waterfowl Refuge, Montana. That all the following-described public lands, surveyed or unsurveyed, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife; and (2) that such part of said lands as the Secretary of Agriculture may deem proper be reserved for use as a shooting area to be operated under a cooperative agreement or lease with…
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
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That all the following-described public lands, surveyed or unsurveyed, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife; and (2) that such part of said lands as the Secretary of Agriculture may deem proper be reserved for use as a shooting area to be operated under a cooperative agreement or lease with the Montana State Game Commission or such other operating agency as may be approved, and under such regulations as may from time to time be adopted by the Secretary of Agriculture.
▪
Most of the lands involved have been withdrawn for reclamation purposes in connection with the Milk River Irrigation Project in Montana, and are primarily under the jurisdiction of the Department of the Interior.
▪
This refuge shall be known as the Lake Bowdoin Migratory Waterfowl Refuge.
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
402
2,214 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
7.1
Grade 7
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Franklin D. Roosevelt • 1940-11-12
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📜 Art. II §1: Executive Discretion & Internal Operations
The following-described lands, acquired or to be acquired by the United States, in Charles Mix County, South Dakota, consisting of 365 acres, more or less, be, and they are hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing…
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📜 Art. I §8: Delegated Tariff & Commerce Execution
Exempt Charles J. Evans from the provisions thereof and continue him in the service until March 1, 1937.
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EO 7290 Feb 14, 1936
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7290—Partial Revocation of Executive Order No. 5790, of February 2, 1932, Withdrawing Public Lands, New Mexico
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order No. 5790, of February 2, 1932, withdrawing, together with other lands, public lands in T. 8 S., R. 18 E. of the New Mexico principal meridian, New Mexico, pending resurvey, is hereby revoked as to the said township.
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7289—Modification of Executive Order No. 6910, of November 26, 1934, as Amended, Withdrawing Public Lands in Certain States
📜 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…
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📜
Scholarly & Legal Citations
Exec. Order No. 7295 (Feb. 14, 1936), https://executiveordersarchive.org/orders/app-executive-order-7295-establishing-lake-bowdoin-migratory-waterfowl-refuge-montana.
