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Executive Order 7857 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7857—Transferring to the People of Puerto Rico Certain Lands No Longer Needed for the Purposes of the United States

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Thursday, March 31, 1938
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4 min read (779 words)

Executive Brief • At a Glance

⏱️ 4 min read (779 words) • ● In Effect
🎯 Primary Mandate

I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.

⚖️ 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 Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities

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 31, 1938, this order concerns Transferring to the People of Puerto Rico Certain Lands No Longer Needed for the Purposes of the United States. I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.

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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I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1.

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A parcel of land reserved for the use of the Marine Hospital service by proclamation of the President of June 30, 1908, lying next west of the north and south line of the eastern boundary line of the military reservation west of the first line of defense, near San Antonio bridge, running three hundred feet front east and west along the so-called military road and extending towards the north to the old stone ditch defense, containing an area of three and ninety-four one-hundredths acres, and under the jurisdiction and control of the Treasury Department; the said parcel being the remaining part of the Marine Hospital Reservation, a portion of which was transferred to the people of Puerto Rico for highway purposes by proclamation of the…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities
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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)
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"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
779
4,447 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
11.7
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

PUERTO RICO Whereas section 7 of the act of Congress approved March 2, 1917 (39 Stat. 951, 954), entitled "An Act To provide a civil government for Porto Rico, and for other purposes", provides, in part, "That the President may from time to time, in his discretion, convey to the people of Porto Rico such lands, buildings, or interests in lands or other property now owned by the United States and within the territorial limits of Porto Rico, as in his opinion are no longer needed for the purposes of the United States"; and Whereas it appears that certain portions of the reservations heretofore set apart for military or naval purposes within the municipality of San Juan, Puerto Rico, are no longer needed for the purposes of the United States; and Whereas such lands are desired by the people of Puerto Rico and may be advantageously used by them: Now, Therefore, I, Franklin D. Roosevelt , President of the United States of America, under and by virtue of the power vested in me by the foregoing statutory provision, do hereby transfer and convey to the people of Puerto Rico the two following-described parcels of land situate within the municipality of San Juan, Puerto Rico: 1. A parcel of land reserved for the use of the Marine Hospital service by proclamation of the President of June 30, 1908, lying next west of the north and south line of the eastern boundary line of the military reservation west of the first line of defense, near San Antonio bridge, running three hundred feet front east and west along the so-called military road and extending towards the north to the old stone ditch defense, containing an area of three and ninety-four one-hundredths acres, and under the jurisdiction and control of the Treasury Department; the said parcel being the remaining part of the Marine Hospital Reservation, a portion of which was transferred to the people of Puerto Rico for highway purposes by proclamation of the President No. 1807 of June 11, 1927. 2. A parcel of the land described in the proclamation of the President No. 1970 of September 15, 1931, which remained under the jurisdiction and control of the Department of the Navy after certain reserved lands were set apart for the uses of other executive departments by proclamation of the President No. 1177 of January 26, 1912, said parcel being more particularly described as follows: Beginning at a point in the northerly line of the military road as relocated from which point numbered 84 on the old military road as shown on the military chart of the military reservation of San Juan, bears N. 23°29' E. 3.72 meters; thence, from the said initial point, by metes and bounds, always by the northerly line of the old military road, the following courses: S. 66°9'30" E. 32.43 meters to a point; S. 65°57'40" E. 31.01 meters to a point; S. 67°15'30" E. 22.68 meters to a point; S. 65°23'20" E. 14.48 meters to a point; S. 60°22' E. 12.21 meters to a point; S. 59°24'10" E. 16.61 meters to a point; S. 52°34'20" E. 11.39 meters to a point; S. 43°7' E. 14.44 meters to a point; S. 34°5'50" E. 14.22 meters to a point; S. 32°5'40" E. 6.31 meters to a point; N. 86°49'40'' E. 2.25 meters to a point at the northwesterly corner of an old fortification wall; thence N. 86°49'40" E. 3.43 meters to a point at the northeasterly corner of the said wall; thence along the easterly face of the said fortification wall the following two courses: S. 6°35' E. 59.22 meters to a point; S. 5°51' E. 93.49 meters to a point; S. 84°6, E. 6.85 meters, crossing the said old fortification wall and old military road to the point of beginning of a curve with a radius of 310 meters in the northeasterly line of the aforementioned military road as relocated; thence in a general northwesterly direction along the said curve, coinciding with the said northeasterly line of road as relocated, the following four courses: On said curve, with a radius of 310 meters, 80.02 meters along the curve, the chord of which bears N. 13°13' W. 79.81 meters; Continuing on the said curve, 82.98 meters along the curve, the chord of which bears N. 28°17' W. 82.74 meters; Continuing on the said curve, 80.02 meters along the curve, the chord of which bears N. 43°21' W. 79.81 meters; Continuing on the said curve, 60.05 meters along the curve, the chord of which bears N. 56°18' W. 59.96 meters to the place of beginning; containing in area 1.549 acres. FRANKLIN D. ROOSEVELT The White House, March 31, 1938.

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Scholarly & Legal Citations

Exec. Order No. 7857 (Mar. 31, 1938), https://executiveordersarchive.org/orders/app-executive-order-7857-transferring-the-people-puerto-rico-certain-lands-no-longer-needed.