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Executive Order 7399 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7399—Reservation of Naval Radio Station, Summit, Canal Zone

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Tuesday, June 23, 1936
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10 min read (2,073 words)

Executive Brief • At a Glance

⏱️ 10 min read (2,073 words) • ● In Effect
🎯 Primary Mandate

The following-described area of land in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a naval reservation, which shall be known as U.S. Naval Radio Station, Summit, Canal Zone, and shall be under the control and jurisdiction of the Secretary of the Navy, except that it shall be subject to the civil jurisdiction of the Canal Zone Government in conformity with the provisions of the said Canal Zone Code: Beginning at a 1-inch round steel bar, marked No. 1 on Panama Canal Dwg.

⚖️ 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 Sovereign State Governments & Localities

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 June 23, 1936, this order concerns Reservation of Naval Radio Station, Summit, Canal Zone. The following-described area of land in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a naval reservation, which shall be known as U.S. Naval Radio Station, Summit, Canal Zone, and shall be under the control and jurisdiction of the Secretary of the Navy, except that it shall be subject to the civil jurisdiction of the Canal Zone Government in conformity with 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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The following-described area of land in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a naval reservation, which shall be known as U.S. Naval Radio Station, Summit, Canal Zone, and shall be under the control and jurisdiction of the Secretary of the Navy, except that it shall be subject to the civil jurisdiction of the Canal Zone Government in conformity with the provisions of the said Canal Zone Code: Beginning at a 1-inch round steel bar, marked No. 1 on Panama Canal Dwg.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities
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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)
§

"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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

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
2,073
11,190 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
4.7
Grade 5
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 by section 5 of title 2 of the Canal Zone Code, approved June 19, 1934, and as President of the United States, the following-described area of land in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a naval reservation, which shall be known as U.S. Naval Radio Station, Summit, Canal Zone, and shall be under the control and jurisdiction of the Secretary of the Navy, except that it shall be subject to the civil jurisdiction of the Canal Zone Government in conformity with the provisions of the said Canal Zone Code: Beginning at a 1-inch round steel bar, marked No. 1 on Panama Canal Dwg. No. 6103-73, located on the centerline of the entrance road leading southwesterly from Gaillard Highway into the Station and approximately 41 feet from the centerline of Gaillard Highway. The geographic position of Monument No. 1 (referred to the Panama-Colon datum of the Canal Zone triangulation system) is in latitude 9 degrees 03' N., plus 4600.8 feet, and longitude 79 degrees 39 ' W., plus 956.2 feet; thence S. 53 degrees 52'30" E., 75.0 feet, to a brass plug cemented into the top of a 3-inch G.I. pipe monument, marked No. 2 on the map, in latitude 9 degrees 03' N., plus 4556.6 feet, and longitude 79 degrees 39' W., plus 895.6 feet. (All boundary monuments are similar to Monument No. 2, except Monument No. 1); thence S. 42 degrees 51'30" W., 307.6 feet, through a monument, marked No. 3 on the map, to a monument, marked No. 4 on the map, in latitude 9 degrees 03' N., plus 4331.2 feet, and longitude 79 degrees 39' W., plus 1104.7 feet; thence S. 04 degrees 23'30" E., 921.1 feet, to a monument, marked No. 5 on the map, in latitude 9 degrees 03' N., plus 3412.9 feet, and longitude 79 degrees 39' W., plus 1034.1 feet; thence S. 54 degrees 41'00" E., 777.3 feet, through monuments, marked No. 6 and No. 7 on the map, to a monument marked No. 8 on the map, in latitude 9 degrees 03' N., plus 2963.6 feet, and longitude 79 degrees 39' W., plus 399.9 feet; thence N. 67 degrees 16'00" E., 64.4 feet, to a monument marked No. 9 on the map, in latitude 9 degrees 03' N., plus 2988.5 feet, and longitude 79 degrees 39 ' W., plus 340.4 feet; thence N. 35 degrees 19'30" E., 372.6 feet, approximately parallel to the common axis of towers No. 1 and No. 2 and 300 feet from the most westerly footing of tower No. 2, to a monument, marked No. 10 on the map, in latitude 9 degrees 03 ' N., plus 3292.5 feet, and longitude 79 degrees 39' W., plus 125.0 feet; thence N. 69 degrees 04'30" E., 115.0 feet, to a monument marked No. 11 on the map, in latitude 9 degrees 03' N., plus 3333.5 feet, and longitude 79 degrees 39' W., plus 17.6 feet; thence S. 54 degrees 40'30" E., 312.9 feet, approximately parallel to the common axis of towers No. 2 and No. 4 and 300 feet from the most northerly footing of tower No. 2, to a monument, marked No. 12 on the map in latitude 9 degrees 03 ' N., plus 3152.7 feet, and longitude 79 degrees 38' W., plus 5774.0 feet; thence S. 57 degrees 39'00" E., 272.6 feet, to a monument, marked No. 13 on the map, in latitude 9 degrees 03' N., plus 3006.8 feet, and longitude 79 degrees 38' W., plus 5543.7 feet; thence S. 56 degrees 21'30" E., 168.4 feet, to a monument, marked No. 14 on the map, located on the westerly side of Gaillard Highway opposite the Canal Zone incinerator, in latitude 9 degrees 03' N., plus 2913.5 feet and longitude 79 degrees 38' W., plus 5403.5 feet; thence S. 09 degrees 56'00" E., 203.6 feet, to a monument, marked No. 15 on the map, located at the P.C. of a curve, in latitude 9 degrees 03' N., plus 2713.0 feet, and longitude 79 degrees 38' W., plus 5368.4 feet; thence Along a 14 degrees curve to the left, 283.8 feet through monuments, marked No. 16 and No. 17 on the map, located at stations 1+0 and 2+0 respectively from monument No. 15, to a monument, marked No. 18 on the map, located at the P.T. of the curve and approximately 34 feet westerly from the centerline of Gaillard Highway, in latitude 9 degrees 03' N., plus 2471.0 feet, and longitude 79 degrees 38' W., plus 5229.8 feet; thence S. 49 degrees 40'00" E., 541.0 feet, parallel to and approximately 34 feet westerly from the centerline of Gaillard Highway to a monument, marked No. 19 on the map, located at the P.C. of a curve, in latitude 9 degrees 03' N., plus 2120.9 feet, and longitude 79 degrees 38' W., plus 4817.4 feet; thence Along a 7 degrees curve to the left, 782.2 feet, parallel to and approximately 34 feet southerly from the centerline of Gaillard Highway through monuments, marked No. 20, No. 21, No. 22, and No. 23 on the map, located at stations 1+0, 3+0, 5+0, and 6+50, respectively, from monument No. 19, to a monument, marked No. 24 on the map, located at the P.T. of the curve, in latitude 9 degrees 03' N., plus 1952.0 feet, and longitude 79 degrees 38' W., plus 4083.2 feet; thence S. 54 degrees 55'00" E., 385.0 feet, to a monument marked No. 25 on the map, in latitude 9 degrees 03' N., plus 1730.7 feet, and longitude 79 degrees 38' W., plus 3768.1 feet; thence S. 54 degrees 40'00" E., 417.9 feet, approximately parallel to the common axis of towers No. 4 and No. 6 and 300 feet from the most northerly footing of tower No. 6, to a monument, marked No. 26 on the map, in latitude 9 degrees 03 ' N., plus 1489.1 feet, and longitude 79 degrees 38' W., plus 3427.2 feet; thence S. 35 degrees 20'00" W., 1776.9 feet, approximately parallel to the common axis of towers No. 6 and No. 5 and 300 feet from the most easterly footings of towers No. 6 and No. 5, through a monument, marked No. 27 on the map, to a monument, marked No. 28 on the map, in latitude 9 degrees 03' N., plus 39.7 feet, and longitude 79 degrees 38' W., plus 4454.9 feet; thence N. 54 degrees 39'30" W., 715.4 feet, approximately parallel to the common axis of towers No. 5 and No. 3 and 300 feet from the most southerly footing of tower No. 5 to a monument, marked No. 29 on the map, in latitude 9 degrees 03 ' N., plus 453.5 feet, and longitude 79 degrees 38' W., plus 5038.5 feet; thence N. 54 degrees 40'30" W., 2381.4 feet, approximately parallel to the common axis of towers No. 3 and No. 1 and 300 feet from the most southerly footings of towers No. 3 and No. 1, through monuments, marked No. 30 and No. 31 on the map, to a monument, marked No. 32 on the map, located on the westerly side of the old Empire-Paraiso Road, in latitude 9 degrees 03' N., plus 1830.7 feet, and longitude 79 degrees 39' W., plus 969.9 feet; thence N. 11 degrees 09'30" E., 228.4 feet, along the westerly side of the old Empire-Paraiso Road to a monument, marked No. 33 on the map, in latitude 9 degrees 03' N., plus 2054.8 feet, and longitude 79 degrees 39' W., plus 925.7 feet; thence N. 06 degrees 10'30" W., 279.3 feet, along the westerly side of the old Empire-Paraiso Road to a monument, marked No. 34 on the map, located northwesterly from the intersection of the old Empire-Paraiso Road with the Station road, in latitude 9 degrees 03' N., plus 2332.4 feet, and longitude 79 degrees 39' W., plus 955.7 feet; thence N. 43 degrees 27'30" W., 1368.6 feet, crossing the Rio Obispo and through a monument, marked No. 35 on the map, to a monument, marked No. 36 on the map, in latitude 9 degrees 03' N., plus 3325.7 feet, and longitude 79 degrees 39' W., plus 1897.1 feet; thence S. 88 degrees 19'00" W., 649.5 feet, to a monument, marked No. 37 on the map, in latitude 9 degrees 03' N., plus 3306.7 feet, and longitude 79 degrees 39' W., plus 2546.3 feet; thence N. 54 degrees 40'00" W., 271.5 feet, approximately parallel to the common axis of Towers No. 11 and No. 10 and 300 feet from the most southerly footing of tower No. 11, to a monument, marked No. 38 on the map, located on the easterly bank of the Rio Obispo Diversion, in latitude 9 degrees 03' N., plus 3463.7 feet and longitude 79 degrees 39' W., plus 2767.8 feet; thence N. 00 degrees 05'30" E., 261.1 feet, along the easterly bank of the Rio Obispo Diversion, to a monument, marked No. 39 on the map, in latitude 9 degrees 03' N., plus 3724.8 feet, and longitude 79 degrees 39' W., plus 2767.4 feet; thence N. 06 degrees 09'00" W., 92.3 feet, along the easterly bank of the Rio Obispo Diversion to a monument, marked No. 40 on the map, in latitude 9 degrees 03' N., plus 3816.6 feet, and longitude 79 degrees 39' W., plus 2777.3 feet; thence N. 31 degrees 57'00" W., 221.1 feet, along the easterly bank of the Rio Obispo Diversion, to a monument, marked No. 41 on the map, in latitude 9 degrees 03' N., plus 4004.1 feet, and longitude 79 degrees 39' W., plus 2894.3 feet; thence N. 54 degrees 55'00" W., 263.4 feet, along the northerly bank of the Rio Obispo Diversion, to a monument, marked No. 42 on the map, in latitude 9 degrees 03' N., plus 4155.5 feet, and longitude 79 degrees 39' W., plus 3109.8 feet; thence N. 61 degrees 30'00" W., 453.0 feet, along the northerly bank of the Rio Obispo Diversion, to a monument, marked No. 43 on the map, in latitude 9 degrees 03' N., plus 4371.6 feet, and longitude 79 degrees 39' W., plus 3507.9 feet; thence N. 68 degrees 13'00" W., 264.9 feet, along the northerly bank of the Rio Obispo Diversion, to a monument, marked No. 44 on the map, in latitude 9 degrees 03' N., plus 4469.9 feet, and longitude 79 degrees 39' W., plus 3753.9 feet; thence S. 75 degrees 38'00" W., 227.9 feet, along the northerly bank of the Rio Obispo Diversion, to a monument, marked No. 45 on the map, in latitude 9 degrees 03' N., plus 4413.4 feet, and longitude 79 degrees 39' W., plus 3974.7 feet; thence N. 43 degrees 12'30" W., 376.6 feet, to a monument, marked No. 46 on the map, located 12 feet easterly from the 10 wire telephone line to Gaillard Cut, in latitude 9 degrees 03' N., plus 4687.8 feet, and longitude 79 degrees 39 ' W., plus 4232.5 feet; thence N. 48 degrees 56*430" E., 1249.9 feet, parallel to and 12 feet easterly from the 10 wire telephone line to Gaillard Cut, to a monument, marked No. 47 on the map, in latitude 9 degrees 03' N., plus 5508.7 feet, and longitude 79 degrees 39' W., plus 3289.9 feet; thence N. 89 degrees 59'30" E., 1089.7 feet, through a monument, marked No. 48 on the map, to a monument, marked No. 49 on the map, located approximately 73 feet southwesterly from the centerline of Gaillard Highway, in latitude 9 degrees 03 ' N., plus 5508.9 feet, and longitude 79 degrees 39' W., plus 2200.2 feet; thence S. 53 degrees 52'30" E., 1540.1 feet, along the southwesterly side of Gaillard Highway through monuments, marked No. 50 and No. 51 on the map, to a monument, marked No. 1 on the map, which is the point of beginning. The directions of the lines refer to the true meridian. The above-described tract contains an area of 249.63 acres. The above-described area was surveyed by the Section of Surveys, the Panama Canal, in February, 1936, and is as shown on Panama Canal Drawing 6103-73, dated March 31, 1936, titled 'U.S. Naval Radio Station, Summit, C.Z.', showing approval by the Governor of the Panama Canal and by the Commandant, Fifteenth Naval District, in whose offices the drawing is filed. FRANKLIN D ROOSEVELT

THE WHITE HOUSE, #signature

June 23, 1936.

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 7399 (June 23, 1936), https://executiveordersarchive.org/orders/app-executive-order-7399-reservation-naval-radio-station-summit-canal-zone.