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Executive Order 7907 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §1: Executive Discretion & Internal Operations

Executive Order 7907—Establishing the Back Bay Migratory Waterfowl Refuge

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Monday, June 6, 1938
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5 min read (1,003 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,003 words) • ● In Effect
🎯 Primary Mandate

All lands and waters acquired or to be acquired by the United States within the following-described area, in Princess Anne County, Virginia, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , that any private lands within the area described shall become part of the refuge hereby established upon acquisition of title thereto or lease thereof by the United States: Beginning at a point S. 34°02' E., 35.18 chains, from U.S.C. & G.S. Triangulation Station "Club", and about one-half mile south of the Little Island Coast Guard Station, on the Atlantic Ocean shore, marked with a U.S.…

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
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 June 6, 1938, this order concerns Establishing the Back Bay Migratory Waterfowl Refuge. All lands and waters acquired or to be acquired by the United States within the following-described area, in Princess Anne County, Virginia, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , that any private lands within the area described shall become…

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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All lands and waters acquired or to be acquired by the United States within the following-described area, in Princess Anne County, Virginia, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , that any private lands within the area described shall become part of the refuge hereby established upon acquisition of title thereto or lease thereof by the United States: Beginning at a point S. 34°02' E., 35.18 chains, from U.S.C. & G.S. Triangulation Station "Club", and about one-half mile south of the Little Island Coast Guard Station, on the Atlantic Ocean shore, marked with a U.S.…

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This reservation shall be known as the Back Bay Migratory Waterfowl Refuge.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants

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 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

"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: Defends Vigor & Dispatch
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
38 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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
1,003
5,896 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
5.2
Grade 5
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

VIRGINIA By virtue of and pursuant to the authority vested in me as President of the United States, and in order to effectuate further the purposes of the Migratory Bird Conservation Act (45 Stat. 1222), it is ordered that all lands and waters acquired or to be acquired by the United States within the following-described area, in Princess Anne County, Virginia, be, and they are hereby, reserved and set apart, subject to existing valid rights, for the use of the Department of Agriculture, as a refuge and breeding ground for migratory birds and other wildlife: Provided , that any private lands within the area described shall become part of the refuge hereby established upon acquisition of title thereto or lease thereof by the United States: Beginning at a point S. 34°02' E., 35.18 chains, from U.S.C. & G.S. Triangulation Station "Club", and about one-half mile south of the Little Island Coast Guard Station, on the Atlantic Ocean shore, marked with a U.S. Biological Survey standard concrete post: Thence along the Atlantic Ocean shore, with the meanders thereof, S. 23°58' E., 36.61 chains; S. 18°50' E., 10.24 chains; S. 24°52' E., 10.24 chains; S. 24°07' E., 10.57 chains; S. 25°15' E., 10.43 chains; S. 24°59' E., 11.61 chains; S. 24°32' E., 24.70 chains; S. 24°01' E., 11.15 chains; S. 22°26' E., 11.64 chains; S. 20°07' E., 14.49 chains; S. 22°15' E., 23.54 chains; S. 19°20' E., 12.11 chains; S. 22°37' E., 23.71 chains; S. 22°51' E., 22.14 chains; S. 18°44' E-, 10.62 chains: S. 24°19' E., 11.05 chains; S. 17°52' E., 10.90 chains; S. 19°22' E., 11.05 chains; S. 17°56' E., 10.68 chains; S. 14°40' E., 22.66 chains; S. 19°57' E., 12.19 chains; S. 17°02' E., 9.79 chains; S. 20°26' E., 7.51 chains, to a point; Thence Inland, S. 87°59' W., 97.21 chains, to a point on the east shore of Sand Bay; Thence in Sand Bay, West, to a point 22.73 chains east of the eastern edge of the Ragged Islands; Southerly, with a line parallel to, and easterly 22.73 chains distant from, the eastern edge of the Ragged Islands; West, 22.73 chains, to the southernmost point of the Ragged Islands; Thence in Back Bay, Northwesterly, approximately 19 0.00 chains, to the southwestern extremity of Haul Over Island at Rocky Point; Thence in Red Head Bay, Northeasterly, approximately 16.00 chains, to the northwestern extremity of Haul Over Island, near North Point on said island; Northeasterly, approximately 78.00 chains, to Heaven Point on the Ragged Islands; Northwesterly, approximately 42.00 chains, to the southwestern extremity of a marshy island lying southwest of Long Island, and immediately north of Little Narrows; Northerly, approximately 37.00 chains, to a point on the western edge of a marshy island lying west of Long Island, and east of Great Narrows; Thence across Great Narrows, Westerly, approximately 23.00 chains to a point on the eastern edge of a marshy island bounded by Great Cove, Great Narrows, Red Head Bay, and Long Point Creek; Thence along the eastern edge of said island with the meanders thereof, S. 34°47' W., 3.43 chains; S. 13°21' E., 2.80 chains; S. 12°59' W., 2.70 chains; S. 6°45' E., 3.80 chains; S. 27°28' W., 4.00 chains; S. 2°26' E., 2.73 chains; S. 24°00' W., 1.12 chains; S. 41°31' E., 1.88 chains; S. 56°11' W., 1.44 chains; S. 30°42' W., 3.09 chains; S. 56°50' W., 2.90 chains, to a point on the southeastern extremity of said island; Thence in Red Head Bay, Westerly, approximately 34.00 chains, to the southwestern extremity of Long Point Island; Northwesterly, approximately 43.00 chains, to a point on East Head Bay Point, at the entrance to Head Bay Cove; Thence across Head Bay Cove, Northwesterly, approximately 11.00 chains, to a point on West Head Bay Point; Thence across marsh, N. 80°35' W., 43.24 chains, to a point In the line between marsh and fast land; Thence between marsh and fast land, N. 23°17' E., 11.16 chains; N. 16°29' W., 11.90 chains; N. 1°57' W., 2.35 chains; N. 12°58' E., 6.95 chains; N. 2°04' E., 2.05 chains; N. 25°44' W., 2.47 chains; N. 7°38' E., 10.63 chains; N. 25°14' W., 0.56 chain, to a point; Thence across marsh, S. 73°22' E., 34.50 chains; S. 74°04' E., 16.02 chains; N. 8°00' E., 5.92 chains, to a point on the west shore of Cedar Creek Cove; Thence along west shore of said cove, Northerly, approximately 2.50 chains, to a point; Thence across marsh, N. 8°00' E., 5.83 chains; N. 18°35' W., 4.68 chains, to a point on the southeast shore of Sylvesters Cove; Thence along the shore of Sylvesters Cove, with the meanders thereof, N. 22°39' E., 2.56 chains; N. 82°05' E., 2.44 chains; S. 78°03' E., 3.32 chains, to a point on the west bank at the mouth of ditch connecting said cove and Cedar Creek Cove; Thence across said ditch, Northeasterly, approximately 0.50 chain, to a point on the south shore of Shipps Bay; Thence in Shipps Bay, Northeasterly, approximately 19.00 chains, to a point on the north bank at the mouth of Kemps Creek, at Shipps Bay; Thence along the shore of Shipps Bay with the meanders thereof, N. 22°06' E., 5.39 chains; N. 39°34' E., 1.75 chains; N. 60°47' E., 9.07 chains; N. 28°05' E., 2.80 chains; N. 36°40' E., 3.07 chains; N. 1°27' E., 2.61 chains; N. 12°15' E., 1.74 chains; N. 89°05' E., 5.82 chains; Thence in Shipps Bay, Northeasterly, approximately 35.00 chains, to the northwestern extremity of Augers Island Bend; Northeasterly, approximately 25.00 chains, to the most northerly point of Walkers Island Point; Northeasterly, approximately 102.00 chains, to the most northerly point of Long Island at the mouth of Deep Creek; Thence across Deep Creek, Easterly, approximately 22.00 chains, to a point on the east shore at the mouth of Deep Creek at Shipps Bay; Thence across marsh and sand flats, East, 25.22 chains, to the point of beginning. This reservation shall be known as the Back Bay Migratory Waterfowl Refuge. FRANKLIN D ROOSEVELT The White House, June 6, 1938.

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Scholarly & Legal Citations

Exec. Order No. 7907 (June 6, 1938), https://executiveordersarchive.org/orders/app-executive-order-7907-establishing-the-back-bay-migratory-waterfowl-refuge.