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Executive Orders Historical Archive
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Executive Order 7858 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

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

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Thursday, March 31, 1938
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1 min read (217 words)

Executive Brief • At a Glance

⏱️ 1 min read (217 words) • ● In Effect
🎯 Primary Mandate

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 Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Private Citizens & Property Owners

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.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

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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

🏛️ Private Citizens & Property Owners
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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 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.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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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.

🛡️ High Constitutional Concordance
23 / 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

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 in close harmony with statutory authority and standard Article II supervisory execution.

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
217
1,231 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.1
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

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 .

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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.