Whereas the Attorney General of the United States, as successor in interest to the Alien Property Custodian, offered for sale at public auction in the City of Savannah, Georgia, on March 1, 1938, two pieces of real estate, namely, a lot 60' x 100' and improvements thereon situated at Jones and Whitaker Streets, and a lot 30' x 110' and improvements thereon known as 413 E. 36th Street, both in the City of Savannah, Georgia; and Whereas the highest bid received for the property first above mentioned was $11,050 and the highest bid received for the property last above mentioned was $716.50, both of which bids were made by Jake Fine; and Whereas upon consideration I find that the above-mentioned bids are inadequate and do not represent the fair value of the real estate involved: Now, Therefore , by virtue of and pursuant to the authority vested in me by section 12 of the Trading with the Enemy Act, approved October 6, 1917 (40 Stat. 411, 423), as amended by the act of March 28, 1918, 40 Stat. 459, I hereby authorize the Attorney General of the United States to reject all bids made at the above-mentioned public offering, including the bids of the said Jake Fine. FRANKLIN D. ROOSEVELT The White House, March 31, 1938 .
Executive Order 7858—Authorizing the Attorney General To Reject Bids for Certain Property Offered for Sale at Savannah, Georgia, Pursuant to the Trading With the Enemy Act, as Amended
Executive Brief • At a Glance
I hereby authorize the Attorney General of the United States to reject all bids made at the above-mentioned public offering, including the bids of the said Jake Fine.
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 Authorizing the Attorney General To Reject Bids for Certain Property Offered for Sale at Savannah, Georgia, Pursuant to the Trading With the Enemy Act, as Amended. I hereby authorize the Attorney General of the United States to reject all bids made at the above-mentioned public offering, including the bids of the said Jake Fine.
Key Directives & Operative Actions
I hereby authorize the Attorney General of the United States to reject all bids made at the above-mentioned public offering, including the bids of the said Jake Fine.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 7858 (Mar. 31, 1938), https://executiveordersarchive.org/orders/app-executive-order-7858-authorizing-the-attorney-general-reject-bids-for-certain-property.