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Executive Order 8057 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 8057—Transfer of Certain Lands From the Secretary of Agriculture to the Secretary of the Interior

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Thursday, February 23, 1939
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6 min read (1,152 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,152 words) • ● In Effect
🎯 Primary Mandate

The hereinafter-described lands, together with the Improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior for use and administration as a part of the Appomattox Court House National Historical Monument to be established pursuant to the said act of August 13, 1935: All that certain area known as the "Appomattox Surrender Ground" lying around the village of Old Appomattox Court House in Clover Hill Magisterial District, Appomattox County, Virginia, situated about two miles east of Appomattox, Virginia, on both sides of State Highway 24, on the headwaters of Appomattox River, and more particularly described as follows: Beginning at corner 1, common to the Gallllee Church…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners Public Health & Medical Institutions

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 February 23, 1939, this order concerns Transfer of Certain Lands From the Secretary of Agriculture to the Secretary of the Interior. The hereinafter-described lands, together with the Improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior for use and administration as a part of the Appomattox Court House National Historical Monument to be established pursuant to the said act of August 13, 1935: All that certain area known as the "Appomattox Surrender Ground" lying around the…

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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The hereinafter-described lands, together with the Improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior for use and administration as a part of the Appomattox Court House National Historical Monument to be established pursuant to the said act of August 13, 1935: All that certain area known as the "Appomattox Surrender Ground" lying around the village of Old Appomattox Court House in Clover Hill Magisterial District, Appomattox County, Virginia, situated about two miles east of Appomattox, Virginia, on both sides of State Highway 24, on the headwaters of Appomattox River, and more particularly described as follows: Beginning at corner 1, common to the Gallllee Church…

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Public Health & Medical Institutions
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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
1,152
6,584 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
7
Grade 7
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

VIRGINIA Whereas the hereinafter-described lands, together with the improvements thereon, have been acquired by the United States under the authority of the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), in connection with the Department of Agriculture's land-utilization and land-conservation project in Virginia known as the Surrender Grounds Forest Project, LA-VA 2; and Whereas by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in such lands was transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), and the related provisions of Title IV thereof; and Whereas the aforesaid lands are within the area purposed to be designated by the Secretary of the Interior as necessary and desirable for the Appomattox Court House National Historical Monument to be established in accordance with the act of August 13, 1935, c. 520, 49 Stat. 613; and Whereas it appears that the use and administration of such lands as a part of the Appomattox Court House National Historical Monument would be in the public interest: Now, Therefore , by virtue of and pursuant to the authority vested in me by section 32, Title HI of the said Bankhead-Jones Farm Tenant Act, and upon recommendation of the Secretary of Agriculture, it is ordered that the hereinafter-described lands, together with the Improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior for use and administration as a part of the Appomattox Court House National Historical Monument to be established pursuant to the said act of August 13, 1935: All that certain area known as the "Appomattox Surrender Ground" lying around the village of Old Appomattox Court House in Clover Hill Magisterial District, Appomattox County, Virginia, situated about two miles east of Appomattox, Virginia, on both sides of State Highway 24, on the headwaters of Appomattox River, and more particularly described as follows: Beginning at corner 1, common to the Gallllee Church parcel and in the right-of-way of State Highway 24; thence with said right-of-way N. 62°59' E., 1.80 chains to corner 2; thence northeasterly to the right along a 2°2' curve 10.27 chains to corner 3; thence N. 76°46' E., 32.57 chains to corner 4; thence S. 0°36' W., 2.87 chains to corner 5; thence N. 81°18' E., 3.62 chains to corner 6, which is a corner common to Tract No. 142 and the Herman Church Lot; thence N. 8°02' W., 3.09 chains to corner 7; thence N. 76°46' E., 3.76 chains to corner 8; thence N. 76°46' E., 0.07 chains to corner 9; thence N. 76°46' E., 0.15 chains to corner 10; thence N. 76°46' E., 1.62 chains to corner 11; thence northeasterly to the left along a 1° curve 5.34 chains to corner 12; thence N. 73°13' E:, 2.11 chains to corner 13; thence N. 73°12'30" E., 11.35 chains to corner 14; thence northeasterly along the center of the Old Richmond Stage Road at 11.69 chains, crossing north right-of-way line of State Highway 24, in all 13.54 chains to corner 15; thence N. 64°48' E., 4.88 chains to corner 16; thence N. 74°37' E., 1.05 chains to corner 17; thence N. 1°19' W., 5.75 chains to corner 18; thence S. 86°40' W., 4.33 chains to corner 19; thence N. 16°40' E., 0.99 chains to corner 20; thence N. 26°48' E., 2.88 chains to comer 21; thence N. 44°55' E., 4.04 chains to corner 22; thence easterly down a spring branch with its meanders 8.56 chains to corner 23; thence easterly down said spring branch with its meanders 10.34 chains to corner 24; thence S. 2°40' W., 10.07 chains to corner 25; thence S. 88°23' W., 2.32 chains to corner 26; thence S. 1°48' E., at 1.97 chains crossing center line of State Highway 24, in all 2.95 chains to corner 27; thence N. 89°52' E., 0.32 chains to corner 28; thence easterly to the left along a 7° curve 3.95 chains to corner 29; thence S. 23°24' E., 0.23 chains to corner 30; thence northeasterly to the left along a 7° curve 2.14 chains to corner 31; thence N. 51°59' E., 3.06 chains to corner 32; thence N. 51°35' E., 0.55 chains to corner 33; thence N. 51°35' E., 10.60 chains to corner 34; thence northeasterly to the left along a 4" curve 13.97 chains to corner 35; thence northeasterly along a 4° curve 0.40 chains to corner 36; thence N. 14°22' E., 2.71 chains to corner 37; thence S. 75°10' E., 1.50 chains to corner 38; thence N. 15°20' E., at 2 chains crossing the Appomattox River, in all 3.38 chains to corner 39; thence N. 75°25' W., 1.48 chains to corner 40; thence N. 14°07' E., 5.98 chains to corner 41; thence N. 14°39' E., 6.81 chains to corner 42; thence N. 14°36' E., 4.29 chains to corner 43; thence northeasterly to the right along a 2° curve 7.17 chains to corner 44; thence N. 24°15' E., 17.34 chains to corner 45; thence northeasterly to the right along a 4° curve 9.13 chains to corner 46; thence N. 49°02 E., 12.00 chains to corner 47; thence northeasterly along the center of the Old Richmond Road and the meanders thereof 6.08 chains to corner 48; thence N. 41°20' W., 2.41 chains to corner 49; thence southeasterly along the center of Old Mill Road and the meanders thereof 25.72 chains to corner 50; thence S. 20°39' W., 39.66 chains to corner 51, a point in the center of the Appomattox River at an old ford; thence southeasterly down said Appomattox River as it meanders 41.80 chains to corner 52, a point in the center of said Appomattox River at an old road; thence southerly along the center of said old road and the meanders thereof 13.62 chains to corner 53; thence 8. 75°30' W., 18.82 chains to corner 54; thence S. 71°36' W., 3.45 chains to corner 55; thence S. 68°19' W., 14.32 chains to corner 56; thence N. 72°55' W., 7.52 chains to corner 57; thence 8. 38°24' W., 33.19 chains to corner 58; thence 8. 50°55' W., 5.15 chains to corner 59; thence 8. 44°35' W., 17.19 chains to corner 60; thence S. 82°14' W., 40.57 chains to corner 61; thence 8. 59°41' W., 0.66 chains to corner 62; thence southwesterly up Plain Run Branch with meanders thereof 7.79 chains to corner 63; thence westerly up center of Plain Run Branch and meanders thereof 57:83 chains. to corner 64; thence westerly up said branch with meanders thereof 21.12 chains to corner 65; thence N. 22°38' W., 29.39 chains to corner 66; thence N. 22°48' W., 2.27 chains to place of beginning, containing 963.93 acres more or less. FRANKLIN D ROOSEVELT The White House, February 23, 1939.

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Scholarly & Legal Citations

Exec. Order No. 8057 (Feb. 23, 1939), https://executiveordersarchive.org/orders/app-executive-order-8057-transfer-certain-lands-from-the-secretary-agriculture-the-secretary.