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Executive Orders Historical Archive
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Executive Order 7898 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 7898—Withdrawal of Public Land Authorized To Be Added to the Yosemite National Park

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Thursday, May 26, 1938
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1 min read (249 words)

Executive Brief • At a Glance

⏱️ 1 min read (249 words) • ● In Effect
🎯 Primary Mandate

All public lands within the following described area be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and, subject to valid existing rights, reserved for the purpose of being added to the Yosemite National Park when title to all privately-owned land within this area has been vested in the United States: MT.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 May 26, 1938, this order concerns Withdrawal of Public Land Authorized To Be Added to the Yosemite National Park. All public lands within the following described area be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and, subject to valid existing rights, reserved for the purpose of being added to the Yosemite National Park when title to all privately-owned land within this area has been vested in the United States: MT.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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All public lands within the following described area be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and, subject to valid existing rights, reserved for the purpose of being added to the Yosemite National Park when title to all privately-owned land within this area has been vested in the United States: MT.

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This order shall continue in force until revoked by the President or by act of Congress.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

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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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

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.

🛡️ 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
249
1,298 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
8.2
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

CALIFORNIA By virtue of the authority vested in me as President of the United States, and in order to carry out effectively the provisions of the act of July 9, 1937, entitled "An act to provide for the acquisition of certain lands for, and the addition thereof to, the Yosemite National Park, in the State of California, and for other purposes" (50 Stat. 485), it is ordered that all public lands within the following described area be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and, subject to valid existing rights, reserved for the purpose of being added to the Yosemite National Park when title to all privately-owned land within this area has been vested in the United States: MT. DIABLO MERIDIAN T. 1 S., R. 19 E., Sec. 25, all; Sec. 34, lots 3, 4, 5, 8 and 9; Sec. 35, lots 1 to 10, inclusive, NE¼, and SE¼NW¼; Sec. 36, all. T. 1 S., R. 20 E., Sec. 30, lots 2, 3, and 4, SE¼NW¼, E½ SW¼ and SE¼; Sec. 31, all. T. 2 S., R. 19 E., Secs. 1, 2, and 3; Sec. 10, E½; Secs. 11 and 12; Sec. 14, N½; Sec. 15, NE¼. T. 2 S., R. 20 E., Sec. 6, lots 3 to 7, inclusive, SE¼NW¼, and E½SW¼. This order shall continue in force until revoked by the President or by act of Congress. FRANKLIN D ROOSEVELT The White House, May 26, 1938.

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Scholarly & Legal Citations

Exec. Order No. 7898 (May 26, 1938), https://executiveordersarchive.org/orders/app-executive-order-7898-withdrawal-public-land-authorized-be-added-the-yosemite-national-park.