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Executive Order 7316 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 7316—Enlarging Cape Romain Migratory Bird Refuge in the State of South Carolina

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Friday, March 13, 1936
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10 min read (2,094 words)

Executive Brief • At a Glance

⏱️ 10 min read (2,094 words) • ● In Effect
🎯 Primary Mandate

The following-described area, acquired by the United States, in Charleston County, South Carolina, with all buildings thereon, be, and it is hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as an addition to the Cape Romain Migratory Bird Refuge, established under the said Migratory Bird Conservation Act: Being all of what is known as Bull Island, lying on the southwest side of Bull Bay, between Price Creek and Bull Creek, and the Atlantic Ocean, and about three miles off the mainland of South Carolina, and about fourteen miles southwest of McClellanville, South Carolina.

⚖️ 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

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 March 13, 1936, this order concerns Enlarging Cape Romain Migratory Bird Refuge in the State of South Carolina. The following-described area, acquired by the United States, in Charleston County, South Carolina, with all buildings thereon, be, and it is hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as an addition to the Cape Romain Migratory Bird Refuge, established under the said Migratory Bird Conservation Act: Being all of what is known as Bull Island, lying…

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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The following-described area, acquired by the United States, in Charleston County, South Carolina, with all buildings thereon, be, and it is hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as an addition to the Cape Romain Migratory Bird Refuge, established under the said Migratory Bird Conservation Act: Being all of what is known as Bull Island, lying on the southwest side of Bull Bay, between Price Creek and Bull Creek, and the Atlantic Ocean, and about three miles off the mainland of South Carolina, and about fourteen miles southwest of McClellanville, South Carolina.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
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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 1 (Maximum Authority)
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"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
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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
31 / 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

Low Friction

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%).
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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
2,094
10,983 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
6.6
Grade 7
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of and pursuant to the authority vested in me as President of the United States, and in order to effectuate further the purpose of the Migratory Bird Conservation Act (45 Stat. 1222), it is ordered that the following-described area, acquired by the United States, in Charleston County, South Carolina, with all buildings thereon, be, and it is hereby, reserved and set apart for the use of the Department of Agriculture, subject to valid existing rights, as an addition to the Cape Romain Migratory Bird Refuge, established under the said Migratory Bird Conservation Act: Being all of what is known as Bull Island, lying on the southwest side of Bull Bay, between Price Creek and Bull Creek, and the Atlantic Ocean, and about three miles off the mainland of South Carolina, and about fourteen miles southwest of McClellanville, South Carolina. The following survey was executed under the direction of the Bureau of Biological Survey, Department of Agriculture, in June and July 1935. All bearings in this description were turned from the true meridian as determined by altitude observations on the sun during the progress of the survey, and all distances are expressed in chains. Beginning at corner No. 1, a point at the edge of the marsh on the north side of Bull Island, on the west side of Jacks Creek which bears S. 40°30' E., at the junction of Jacks Creek with Bull Harbor; from this corner a U.S.B.S. standard concrete post marked "1 WC COR 1 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner on a small grassy sand ridge, bears S. 16°57' E., 8.01 chs. distant; from which witness corner a 10 in. white oak blazed and scribed "BT WC COR 1" bears N. 56° W., 0. 23 ch. distant; an 8 in. white oak blazed and scribed "BT WO COB 1" bears S. 3° E., 0. 24 ch. distant; Thence from said initial point, with the north side of Bull Island, along the edge of the marsh with the meanders thereof, in part with the south shore of Bull Harbor and in part with Bull Bay, N. 51°28' E., 12.27 chs. to a point across Jacks Creek, at its mouth, on the edge of the salt marsh on Bull Bay; thence, N.21°19' E., 4.43 chs.; N. 1°54' E., 8.45 chs.; S. 88°57' E., 18.80 chs.; S. 75°39' E., 15.66 chs.; N. 85°24' E., 15.98 chs. to a point at the edge of salt marsh and grass on Bull Bay; Thence with mean high water along sandy beach and sand dunes, N.31°59'E., 17.19 chs.; N. 65°32' E., 5.81 chs. to the northeasterly point of Bull Island; thence, S. 37°27' E., 8.12 chs.; S. 22°28' E., 19.26 chs. to corner No. 2, a point on the northeasterly end of the seashore of Bull Island, facing the Atlantic Ocean; from this corner a U.S.B.S. standard concrete post marked "2 WC COR 2 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner on the west slope of a grassy sand dune about 2.00 chs. northeast of a dense growth of cedar, myrtle, and palmetto, bears S. 71°30' W., 0.50 ch. distant; from which witness corner a U.S.C. & G.S. concrete monument marked "BULL 1934" bears N. 67°48' W., 3.18 chs. distant; an 18 in. cedar blazed and scribed "BT WC COR 2" bears S. 13°00' W., 2.23 chs. distant; and palmettos were blazed for witness trees; Thence, with mean high water along the east shore of Bull Island, with the meanders thereof, between the beach and a thick growth of pine, cedar, and palmetto, S.22°54' E., 8.82 chs.; S. l°07' E., 9.15 chs.; S. 15°31' W., 19.17 chs.; S. 14°50' W., 17.21 chs.; S. 16°07' W., 4.02 chs.; S. 19°25' W., 9.97 chs.; S. 19°11' W., 12.25 Chs.; S. 16°45' W., 21.66 chs.; S. 13°31'W., 12.76 chs.; S. 25°31' W., 9.19 chs. to corner No. 3, a point at mean high water at the northeast end of a strip of sand dunes lying between the beach and a heavy growth of palmetto, oak, and cedar, at the edge of beach and sand dunes; from this corner a U.S.B.S. standard concrete post marked "3 WC COR 3 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in grassy sand dunes and scattered palmetto, bears N. 75°22' W., 0.79 ch. distant; and palmettos were blazed for witness trees; Thence, continuing with the southerly shore of Bull Island, with the meanders thereof, along mean high water, S. 38°13'W., 12.40 chs.; S. 60°52' W., 12.58 chs.; S. 71°00'W., 15.63 chs.; S. 74°32' W., 1430 chs.; S. 73°50' W., 14.75 chs. to a point at mean high water at the edge of beach and sand dunes; from this point a U.S.B.S. standard concrete post marked "3A WC MP 3-5 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in grassy sand dunes, bears N. 21° E., 0.77 ch. distant; thence, S. 75°22'W., 14.66 chs.; S. 75°12'W., 15.10 chs.; S. 73°52' W., 14.46 chs.; S. 72°21'W., 14.12 chs.; S. 71°55' W., 14.35 chs. to a point at mean high water at the edge of beach and sand dunes; from this point the northeast corner of a bathhouse bears N. 76°45' W., 4.24 chs. distant; and a U.S.B.S. standard concrete post marked "4 WC MP 3-10 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in grassy sand dunes, bears N. 76°45' W., 4.09 chs. distant; Thence with mean high water along the edge of beach and sand dunes, S. 69°67' W., 15.15 chs.; S. 69°27' W., 1738 chs.; S. 68°00' W., 15.23 chs.; S. 66°09' W., 15.47 chs.; S. 65°16' W., 15.95 chs. to a point at mean high water at the edge of beach and sand dunes; from this point a U.S.B.S. standard concrete post marked "4A WC MP 3-15 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in grassy sand dunes, bears N. 24° W., 1.48 chs. distant; thence, S. 62°53' W., 1537 chs.; S. 62°42' W., 1532 chs.; S. 60°52' W., 15.52 chs.; S. 60°00' W., 16.22 chs.; S. 59°20' W., 15.62 chs.; S. 59°29' W, 14.78 chs. to a point at mean high water at the edge of the beach and sand dunes; from, this point a U.S.B.S. standard concrete post marked "4B WC MP 3-21 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in grassy sand dunes, bears N. 69°00' W., 1.16 chs. distant; thence, S. 58°17' W., 14.59 Chs.; S. 57°45' W., 14.40 chs.; S. 52°57' W., 14.29 chs.; S. 55°24' W., 11.83 Chs.; S. 62°04' W., 14.48 chs.; N. 86°48' W., 13.64 chs. to corner No. 4, a point at mean high water on the southwest extremity of Bull Island, at the edge of beach and sand dunes, near the mouth of and northeast of Price Creek; from this corner a U.S.B.S. standard concrete post marked "5 WC COR 4 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in low sand dunes and thin beach grass, bears N. 27°12' E., 1.64 chs. distant; Thence up the left bank of Price Creek, with the meanders thereof, on the beach at mean high water, N. 22°31' W., 14.02 chs. along the edge of beach and sand dunes; thence, N. 28°05' W., 18.59 chs. to a point at the edge of marsh and at the mouth of a creek 1.00 ch. wide bearing N. 60° E., thence, N. 46°69' W., 12.18 chs.; N. 40°41' W., 13.03 chs. to corner No. 5, a point at the edge of salt marsh at the junction of Bull Narrows and Price Creek; from this corner a U.S.B.S. standard concrete post marked "6 WC COR 5 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in salt marsh and marsh grass, bears S. 88°62' E., 0.76 ch. distant; a U.S.C. & G.S. monument marked "PRICE 1921" bears S. 24°26' E., 2.71 chs. distant; Thence with the east bank of Bull Narrows, with the meanders thereof, along the edge of salt marsh and marsh grass, N. 39°42'E., 15.76 chs.; N. 40°36' E., 13.90 Chs.; N. 18°33' E., 17.91 chs.; N. 4°37' E., 15.55 chs.; N. 0°45' W., 1233 chs.; N. 23°14' E., 0.98 ch. to corner No. 6, a point at the edge of marsh and at the junction of Bull Narrows and creek bearing N. 25° W. to Sewee Bay; from this corner a U.S.B.S. standard concrete post marked "7 WC COR 6 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in salt marsh and marsh grass, bears S. 7°46' E., 0.71 ch. distant; Thence with the south bank of Bull Narrows along the edge of salt marsh and marsh grass, N. 70°38' E., 13.81 chs.; N. 82°24' E., 9.15 chs.; N. 44° 16' E., 35.14 chs.; N. 27°27' E., 1036 chs.; N. 67°53' E., 1134 chs.; N. 1°07' W., 16.04 Chs.; N. 45°52' E., 3.45 chs. to corner No. 7, a point at the edge of marsh at the junction of Bull Creek and Bull Narrows; from this corner a U.S.B.S. standard concrete post marked "8 WC COB 7 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in salt marsh and marsh grass, bears S. 45° 47' W., 2.27 chs. distant; from which witness corner a 1½ in. iron pipe bears N. 55°20' E., 10.30 chs. distant; this pipe at the edge of marsh is corner No. 7 of the State of South Carolina tract No. 2c; Thence with the south bank of Bull Creek along the edge of salt marsh and grass, N. 87°46' E., 18.40 chs.; S. 71°59' E., 20.85 chs.; N. 73°00' E., 10.00 chs. to a point on the east bank and at the mouth of Back Greek which bears S. 10° W.; from this point a U.S.B.S. standard concrete post marked "8-A WC MP 7-3 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in salt marsh and marsh grass, bears N. 73° E., 0.15 ch. distant; thence, N. 22°54' E., 7.37 chs.; N. 13° 57' E., 14.87 chs. to corner No. 8, a point at the edge of salt marsh; from this corner a U.S.B.S. standard concrete post marked "9 WC COB 8 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner in salt marsh and marsh grass, bears S. 20°E., 0.75 ch. distant; from which witness corner a 1½ in. iron pipe bears N. 65°49' W., 8.48 chs. distant; this pipe at the edge of marsh is corner No. 5 of the State of South Carolina tract No. 2c; Thence, continuing with the south bank of Bull Creek along the edge of salt marsh and marsh grass, N. 68°46' E., 27.23 chs.; N. 84°06' E., 17.43 chs.; N. 89°11'E., 12.12 chs.; S. 70°26' E., 4.96 chs.; S. 65°59' E., 11.15 chs. to a point on the east bank of Wharf Creek; thence, N. 37°56' E., 27.57 chs.; N. 36°03' E., 12.02 chs.; N. 54°38' E., 15.41 chs. to corner No. 9, a point at the edge of salt marsh near the junction of Bull Creek and Bull Harbor; from this corner a U.S.B.S. standard concrete post marked "10 WC COB 9 BULLS ISLAND 1935", set 18 in. in the ground for a witness corner on sandy ridge 0.05 ch. northwest of a U.S.C. & G.S. monument marked "Middle" and 0.40 ch. west of a dense growth of pine, cedar, oak, and palmetto, bears S. 22°35' E., 4.16 chs. distant; from which witness corner a 16 in. white oak, blazed and scribed "BT WC COR 9" bears S. 13° E., 0.46 ch. distant; and from which witness corner a 1½ in. iron pipe bears N. 24° 14' W., 18.30 chs. distant; this pipe at the edge of marsh is corner No. 4 of the State of South Carolina tract No. 2c; and cedars were blazed for witness trees; Thence with the south shore of Bull Harbor, along the edge of the marsh with the meanders thereof, N. 45°39' E., 9.81 chs.; N. 45°32' E., 9.73 chs.; N. 62°01' E., 18.61 chs.; S. 84° 19'E., 11.19 chs.; S. 60° 30' E., 5.51 chs.; N. 74°56' E., 6.55 chs.; N. 77°58' E., 26.16 chs. to the place of beginning, containing 5,191.36 acres, be the same more or less. FRANKLIN D ROOSEVELT

THE WHITE HOUSE, #signature

March 13, 1936.

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Scholarly & Legal Citations

Exec. Order No. 7316 (Mar. 13, 1936), https://executiveordersarchive.org/orders/app-executive-order-7316-enlarging-cape-romain-migratory-bird-refuge-the-state-south-carolina.