★
Executive Orders Historical Archive
Cite
Executive Order 7407 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7407—Quarry Heights Military Reservation, Canal Zone

•
Monday, July 6, 1936
•
6 min read (1,209 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,209 words) • ● In Effect
🎯 Primary Mandate

Northerly, along the 150-foot contour to a monument, marked No. 4 on the map, in latitude 8°57' N., plus 1846.6 feet, and longitude 79°33' W., plus 1777.9 feet (the direct bearing and distance from monument No. 3 to monument No. 4 is N. 16°42' E., 359.1 feet); thence.

⚖️ 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 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 July 6, 1936, this order concerns Quarry Heights Military Reservation, Canal Zone. By virtue of and pursuant to the authority vested in me by section 5 of Title II of the Canal Zone Code, approved June 19, 1934, and as President of the United States the following-described area of land situated in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a military reservation, which shall be known as Quarry Heights Military Reservation, and shall be under 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

▪

Northerly, along the 150-foot contour to a monument, marked No. 4 on the map, in latitude 8°57' N., plus 1846.6 feet, and longitude 79°33' W., plus 1777.9 feet (the direct bearing and distance from monument No. 3 to monument No. 4 is N. 16°42' E., 359.1 feet); thence.

▪

Northerly and westerly, along the 150-foot contour to a monument, marked No. 5 on the map, In latitude 8°57' N., plus 2366.3 feet, and longitude 79°33' W., plus 1933.8 feet (the direct bearing and distance from monument No. 4 to monument No. 5 Is N. 16°42' W., 542.6 feet); thence, Northwesterly and northeasterly, along the 150-foot contour to a monument, marked No. 6 on the map, In latitude 8° 57' N., plus 2589.4 feet, and longitude 79°33' W., plus 2006.7 feet (the direct bearing and distance from monument No. 5 to monument No. 6 is N. 18°05' W., 234.7 feet); thence.

▪

Westerly, along the 150-foot contour to a monument, marked No. 7 on the map, in latitude 8°57' N., plus 2742.7 feet, and longitude 79°33' W., plus 2359.7 feet (the direct bearing and distance from monument No. 6 to monument No. 7 is N. 66°32' W., 384.9 feet); thence, Northerly, northeasterly and northerly along the 150-foot contour to a monument, marked No. 8 on the map, in latitude 8°57' N., plus 3487.7 feet, and longitude 79°33' W., plus 1742.6 feet (the direct bearing and distance from monument No. 7 to monument No. 8 Is N. 39°38' E., 967.4 feet); thence, S. 76°39' E., 484.0 feet, through two 4 inch square brass plates (engraved Q.H.M.R.-C.Z.) set in concrete at each side of the main entrance to the reservation, to a monument marked…

▪

Southerly, easterly and southeasterly, along the 325-foot contour to a monument, marked No. 13 on the map, in latitude 8°57' N., plus 4209.0 feet, and longitude 79°33' W., plus 325.5 feet (the direct bearing and distance from monument No. 12 to monument No. 13 is S. 32°11' E., 381.0 feet); thence.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
🏛️

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
📐

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%).
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
1,209
6,937 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
6
Grade 6
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 II of the Canal Zone Code, approved June 19, 1934, and as President of the United States the following-described area of land situated in the Canal Zone is hereby reserved and set apart as, and assigned to the uses and purposes of, a military reservation, which shall be known as Quarry Heights Military Reservation, and shall be under the control and jurisdiction of the Secretary of War, except that it shall be subject to the civil jurisdiction of the Canal Zone authorities in conformity with the provisions of the Canal Zone Code: Beginning at a 4 inch square brass plate (engraved Q.H.M.R., No. 1) in a 10 inch square concrete monument marked No. 1 on Panama Canal drawing No. M6103-81, located on the southerly side of Edwards Place and 25.0 feet at right angles, from the face of the northerly curb of Balboa Road. The geographic position of monument No. 1 (referred to the Panama-Colon datum of the Canal Zone triangulation system) is in latitude 8°57' N., plus 1171.7 feet, and longitude 79° 33' W., plus 1502.1 feet (all brass plate markers and concrete monuments are similar to No. 1 unless otherwise described); thence, N. 74°06' W., 502.1 feet, along the southerly edge of Edwards Place, to a monument, marked No. 2 on the map, in latitude 8°57' N., plus 1298.6 feet, and longitude 79°33' W., plus 1947.6 feet; thence, N. 18°03' E., 214.6 feet, to a monument, marked No. 3 on the map, located on the 150-foot contour. In latitude 8°57' N., plus 1502.6 feet, and longitude 79°33' W., plus 1881.1 feet; thence. Northerly, along the 150-foot contour to a monument, marked No. 4 on the map, in latitude 8°57' N., plus 1846.6 feet, and longitude 79°33' W., plus 1777.9 feet (the direct bearing and distance from monument No. 3 to monument No. 4 is N. 16°42' E., 359.1 feet); thence. Northerly and westerly, along the 150-foot contour to a monument, marked No. 5 on the map, In latitude 8°57' N., plus 2366.3 feet, and longitude 79°33' W., plus 1933.8 feet (the direct bearing and distance from monument No. 4 to monument No. 5 Is N. 16°42' W., 542.6 feet); thence, Northwesterly and northeasterly, along the 150-foot contour to a monument, marked No. 6 on the map, In latitude 8° 57' N., plus 2589.4 feet, and longitude 79°33' W., plus 2006.7 feet (the direct bearing and distance from monument No. 5 to monument No. 6 is N. 18°05' W., 234.7 feet); thence. Westerly, along the 150-foot contour to a monument, marked No. 7 on the map, in latitude 8°57' N., plus 2742.7 feet, and longitude 79°33' W., plus 2359.7 feet (the direct bearing and distance from monument No. 6 to monument No. 7 is N. 66°32' W., 384.9 feet); thence, Northerly, northeasterly and northerly along the 150-foot contour to a monument, marked No. 8 on the map, in latitude 8°57' N., plus 3487.7 feet, and longitude 79°33' W., plus 1742.6 feet (the direct bearing and distance from monument No. 7 to monument No. 8 Is N. 39°38' E., 967.4 feet); thence, S. 76°39' E., 484.0 feet, through two 4 inch square brass plates (engraved Q.H.M.R.-C.Z.) set in concrete at each side of the main entrance to the reservation, to a monument marked No. 9 on the map, located on the 325-foot contour, in latitude 8°57' N., plus 3376.0 feet, and longitude 79°33' W., plus 1271.7 feet; thence, Northerly, along the 325-foot contour to a monument, marked No. 10 on the map, In latitude 8°57' N., plus 3925.4 feet, and longitude 79°33' W., plus 1285.5 feet (the direct bearing and distance from monument No. 9 to monument No. 10 Is N. 01°26' W., 549.6 feet); thence, Northerly, along the 325-foot contour to a monument, marked No. 11 on the map, In latitude 8°57' N., plus 4748.4 feet, and longitude 79°33' W., plus 1011.7 feet (the direct bearing and distance from monument No. 10 to monument No. 11 Is N. 18°24' E., 867.4 feet); thence, Easterly and southeasterly, along the 325-foot contour to a monument, marked No. 12 on the map, In latitude 8°57' N., plus 4531.5 feet, and longitude 79°33' W., plus 528.5 feet (the direct bearing and distance from monument No. 11 to monument No. 12 is S. 65°49' E., 529.7 feet); thence. Southerly, easterly and southeasterly, along the 325-foot contour to a monument, marked No. 13 on the map, in latitude 8°57' N., plus 4209.0 feet, and longitude 79°33' W., plus 325.5 feet (the direct bearing and distance from monument No. 12 to monument No. 13 is S. 32°11' E., 381.0 feet); thence. Southerly, along the 325-foot contour to a monument, marked No. 14 on the map, in latitude 8°57' N., plus 3931.2 feet, and longitude 79°33' W., plus 400.2 feet (the direct bearing and distance from monument No. 13 to monument No. 14 is S. 15°03' W., 287.6 feet); thence. Southeasterly, and southerly along the 325-foot contour to a monument, marked No. 15 on the map, in latitude 8°57' N., plus 3712.2 feet, and longitude 79°33' W., plus 237.6 feet (the direct bearing and distance from monument No. 14 to monument No. 15 Is S. 36°35' E., 272.8 feet); thence, S. 12°16' E., 1142.8 feet through monuments, marked No. 16 and No. 17 on the map, to a monument, marked No. 18 on the map, In latitude 8°57' N., plus 2595.5 feet, and longitude 79°32' W., plus 6008.1 feet; thence, S. 55°40' E., 520.3 feet, through a monument, marked No. 19 on the map, to a monument, marked No. 20 on the map, located 25.0 feet northwesterly and at right angles from the face of the northwesterly curb of Fourth of July Avenue, In latitude 8°57' N., plus 2302.0 feet, and longitude 79°32' W., plus 5578.4 feet (on a continuation of this bearing, 24.4 feet. Is a brass reference plug cemented Into the northwesterly curb of Fourth of July Avenue); thence, Southwesterly and westerly, parallel to and 25.0 feet northwesterly and at right angles from the face of the curb on Fourth of July Avenue and northerly and at right angles from the face of the curb of Balboa Road, through a brass plug cemented into the northerly curb of Edwards Place, to the point of beginning. The directions of the lines refer to the true meridian. Elevations are referred to precise level datum. The above tract contains an area of 124.4 acres, more or less. The above area was surveyed by the Section of Surveys, the Panama Canal, in December, 1935, and is as shown on Panama Canal Drawing No. M-6103-81, dated May 23, 1936, titled "Boundary of Quarry Heights Military Reservation," showing approval by the Governor, the Panama Canal, and the Commanding General, Panama Canal Department, in whose offices the drawing is filed. This order supersedes Executive Orders No. 3202 of December 22, 1919, No. 3386 of January 21, 1921, and No. 3428 of April 8, 1921, establishing the Quarry Heights Military Reservation, Canal Zone, and any lands affected by said prior orders and not contained within the area described in this order are hereby released from said reservation. FRANKLIN D ROOSEVELT

THE WHITE HOUSE, #signature

July 6, 1936.

🔗

Referenced By Later Executive Orders (1)

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

Franklin D. Roosevelt • 1943-01-02
📜

Scholarly & Legal Citations

Exec. Order No. 7407 (July 6, 1936), https://executiveordersarchive.org/orders/app-executive-order-7407-quarry-heights-military-reservation-canal-zone.