SOUTH DAKOTA Whereas by Executive Order No. 6909 of November 21, 1934, all of the unreserved and unappropriated public lands of the United States in Custer, Fall River, Jackson, and Pennington Counties, South Dakota, were temporarily withdrawn from settlement, location, sale, or entry, for classification and use as a grazing project pursuant to the submarginal land program of the Federal Emergency Relief Administration, such project being known as the Badlands-Fall River Land Utilization Project; and Whereas by Executive Order No. 6910 of November 26, 1934, all of the vacant, unreserved, and unappropriated public land in the State of South Dakota was temporarily withdrawn from settlement, location, sale, or entry, and reserved for classification, and pending determination of the most useful purpose to which such land might be put in consideration of the provisions of the act of June 28, 1934, 48 Stat. 1269, and for conservation and development of natural resources; and Whereas by reason of the transfer effected by Executive Order No. 7908 of June 9, 1938, the said Badlands-Fall River Land Utilization Project is now being administered pursuant to Title III of the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 525) ; and Whereas a portion of the land withdrawn by the said Executive Order No. 6909 is no longer needed for the use of which it was withdrawn: Now, Therefore , by virtue of the authority vested in me by the act of June 25, 1910, c. 421, 36 Stat. 847, it is ordered that the said Executive Order No. 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1. The words "pursuant to Title III of the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 522)" are substituted for the words "pursuant to the submarginal land program of the Federal Emergency Relief Administration." 2. The withdrawal made by the order shall include only the following-described lands, and the rest of the lands heretofore constituting part of such withdrawal are excluded therefrom: BLACK HILLS MERIDIAN T. 7 S., R. 1 E., sec. 27, S½SE¼, NW¼SE¼, SW¼NE¼, and W½, sec. 28. S½N½ and S½, sec. 29, S½N½, and S½, sec. 30, S½N½, and S½, secs. 31 to 35, inclusive, sec. 36, SW¼SW¼; T. 8 S., R. 1 E., sec. 1, S½, NW¼ , and SW¼ NE¼, secs. 2 to 36, inclusive; T. 9 S., R. 1 E., all; T. 10 S., R. 1 E., all; T. 11 S., R. 1 E., all; T. 12 S., R. 1 E., all; T. 8 S., R. 2 E., sec. 6, SW¼SW¼, sec. 7, W½, and SW¼SE¼, sec. 17, SW¼ SW¼. sec. 18, W½, SE¼, W½NE¼, and SE¼NE¼, sec. 19, all, sec. 20, W½, W½SE¼ , and SE¼SE¼, secs, 28 to 34, inclusive; T. 9 S., R. 2 E., all; T. 10 S., R. 2 E., all; T. 11 S., R. 2 E., all; T. 12 S., R. 2 E., all; T. 11 S., R. 3 E., all; T. 12 S., R. 3 E., all; T. 11 S., R. 4 E., all; T. 12 S., R. 4 E., all; T. 10 S., R. 5 E., all; T. 11 S., R. 5 E., all; T. 12 S., R. 5 E., all; T. 10 S., R. 6 E., all; T. 11 S., R. 6 E., all; T. 12 S., R. 6 E., all; T. 11 S., R. 7 E., secs. 19 to 36, inclusive; T. 12 S., R. 7 E., all; T. 5 S., R. 8 E., secs. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, all; T. 6 S., R. 8 E., secs. 1 and 2, all, sec. 10, NE¼, and N½SE¼, secs. 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, all; T. 7 S., R. 8 E., secs. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, 36, all; T. 8 S., R. 8 E., secs. 1 to 4, inclusive, sec. 8, NE¼, secs. 9 to 16, inclusive, sec. 17, S½NE¼, S½SW¼, and SE¼, secs. 21 to 29, inclusive, secs. 33 to 36, inclusive; T. 9 S., R. 8 E., secs. 1 to 4, inclusive, sec. 5, E½, sec. 8, E½, secs. 9 to 16, inclusive, sec. 17, E½, secs. 19 to 36, inclusive; T. 10 S.. R. 8 E., secs. 1 to 5, inclusive, sec. 6, E½, secs. 8 to 17, inclusive, secs. 20 to 29, inclusive, secs. 32 to 36, inclusive; T. 11 S., R. 8 E., all; T. 12 S., R. 8 E., all; T. 4 S., R. 9 E., all; T. 5 S., R. 9 E., all; T. 6 S., R. 9 E., all; T. 7 S., R. 9 E., all; T. 8 S., R. 9 E., all; T. 9 S., R. 9 E., all; T. 10 S., R. 9 E., all; T. 11 S., R. 9 E., all; T. 12 S., R. 9 E., all; T. 1 S., R. 10 E., secs. 19 to 22, inclusive, sec. 23, SW¼, sec. 25, W½, secs. 26 to 36, inclusive; T. 2 S., R. 10 E., secs. 1 to 24, inclusive, sec. 25, E½; T. 3 S., R. 10 E., sec. 17, SW¼SW¼, secs. 19 to 36, inclusive; T. 4 S., R. 10 E., all; T. 5 S., R. 10 E., all; T. 1 S., R. 11 E., sec. 26, S½SE¼, and SE¼SW¼, sec. 32, SE¼, S½NE¼, and NE¼NE¼, sec. 33. SW¼, S½NW¼, SW¼NE¼, and W½SE¼, sec. 35, E½ and E½W½, sec. 36. all; T. 2 S., R. 11 E., all; T. 3 S., R. 11 E., all; T. 4 S., R. 11 E., all; T. 2 S., R. 12 E., sec. 4, lots 1, 2, 3, 4, S½N½, S½, secs. 5 to 8, inclusive, sec. 9, that area lying west of the Cheyenne River. sec. 16, that area lying west of the Cheyenne River, secs. 17 to 20, inclusive, sec. 21, that area lying west of the Cheyenne River, sec. 28, that area lying west of the Cheyenne River, secs. 29 to 32, inclusive, sec. 33, that area lying west of the Cheyenne River; T. 3 S., R. 12 E., sec. 4, S½SE¼ and W½,SW¼, secs. 5 to 9, inclusive, secs. 16 to 21, inclusive, sec. 22, S½, S½N½, and N½NW¼, sec. 23, S½ and S½NW¼, sec. 24, S½, secs. 25 to 36, inclusive; T. 4 S., R. 12 E., all; T. 3 S., R. 13 E., secs. 1 to 11, inclusive, sec. 12, N½, secs. 14 to 22, inclusive, sec. 23, N½, secs. 27 to 30, inclusive; T. 4 S., R. 13 E., secs. 1, 2, 11, 12, 13, 14, 23, and 24, all; T. I S., R. 14 E., sec. 4, all, sec. 5, that area lying east of the Cheyenne River, sec. 7, that area lying south of the Cheyenne River, sec. 8, that area lying east of the Cheyenne River, sec. 9, all; secs. 13 to 17, inclusive, sec. 18, that area lying south of the Cheyenne River, sec. 19, N'½, N½S½, SE¼SW¼, and SW¼SE¼, sec. 20, N½, N½S½, and S½SE¼, secs. 21 to 28, inclusive. sec. 29, E½NE¼, and NE¼SE¼, sec. 30, NW¼NE¼ and NE¼NW¼, sec. 33, NE¼NE¼, sec. 34, N½N½, sec. 35, N½N½, sec. 36, N½N½; T. 2 S., R. 14 E., sec. 31, SE¼SE¼; T. 3 S., R. 14 E., secs. 5 and 6, all, sec. 7, N½, sec. 8, N½, secs. 20 and 21, all, secs. 28 to 34, inclusive; T. 4 S., R. 14 E., all; T. 1 S., R. 15 E., secs. 13 to 30, inclusive, sec. 31, N½N½, sec. 33, N½, secs. 34 to 36, inclusive; T. 2 S., R. 15 E., sec. 1, N½ and SE¼; T. 3 S., R. 15 E., sec. 11, E½ E½, secs. 12 and 13, all, sec. 14, E½E½, sec. 22, E½, secs. 23 to 26, inclusive, sec. 27, E½, sec. 34, E½, secs. 35 and 36, all; T. 4 S., R. 15 E., all; T. 1 S., R. 16 E., secs. 1 to 5, inclusive, secs. 7 to 36, inclusive; T. 2 S., R. 16 E., secs. 1 to 6, inclusive, sec. 7, N½, sec. 8, N½, secs. 9 to 13, inclusive, secs. 24, 25, and 36, all; T. 3 S., R. 16 E., sec. 1, N½, sec. 3, SW¼, secs. 4 to 10, inclusive, sec. 11, SW¼, secs. 14 to 23, inclusive, secs. 25 to 36, inclusive; T. 4 S., R. 16 E., all; T. 1 S., R. 17 E., secs. 7, and 13 to 36, inclusive; T. 2 S., R. 17 E, all; T. 3 S., R. 17 E., secs. 1 to 5, inclusive, sec. 6, N½, SE¼, and E½SW¼, secs. 30 and 31, all; T. 4 S., R. 17 E., secs. 6, 7, 18, all; T. 1 S., R. 18 E., secs. 13 to 36, inclusive; T. 2 S., R. 18 E., all; T. 3 S., R. 18 E., secs. 1 to 12, inclusive, sec. 31, all, sec. 32. S½, sec. 33, S½, sec. 34, S½, sec. 35, S½, sec. 36, S½; T. 4 S., R. 18 E., all; T. 1 S., R. 19 E., secs. 13 to 36, inclusive; T. 2 S., R. 19 E., all; T. 3 S., R. 19 E., secs. 1 to 15, inclusive, secs. 22 to 27, inclusive, sec. 31, S½, sec. 32, S½, sec. 33, S½, secs. 34 to 36, inclusive; T. 4 S., R. 19 E., all; T. 1 S., R. 20 E., secs. 13 to 36, inclusive: T. 2 S., R. 20 E., all; T. 3 S., R. 20 E., all; T. 4 S., R. 20 E., all; T. 2 S., R. 21 E., secs. 31 to 36, inclusive; T. 3 S., R. 21 E., all; T. 4 S., R. 21 E., all; T. 2 S., R. 22 E., sec. 31, all; T. 8 S., R. 22 E., secs. 6, 7, 18, and 19, all. FRANKLIN D ROOSEVELT The White House, March 2, 1940.
Executive Order 8361 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order 8361—Amendment of Executive Order No. 6909 of November 21, 1934, Withdrawing Public Lands for Use in Connection With a Grazing Project
Executive Brief • At a Glance
⏱️ 8 min read (1,653 words) •
● In Effect
🎯 Primary Mandate
The said Executive Order No. 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1.
⚖️ 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 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 March 2, 1940, this order concerns Amendment of Executive Order No. 6909 of November 21, 1934, Withdrawing Public Lands for Use in Connection With a Grazing Project. The said Executive Order No. 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1. The words "pursuant to Title III of the Bankhead-Jones Farm Tenant Act of July 22, 1937 (50 Stat. 522)" are substituted for the words "pursuant to the submarginal land program of the Federal Emergency Relief Administration." 2.
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
▪
The said Executive Order No. 6909 of November 21, 1934, be, and it is hereby, amended as follows: 1.
▪
The withdrawal made by the order shall include only the following-described lands, and the rest of the lands heretofore constituting part of such withdrawal are excluded therefrom: BLACK HILLS MERIDIAN T. 7 S., R. 1 E., sec. 27, S½SE¼, NW¼SE¼, SW¼NE¼, and W½, sec. 28.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Private Citizens & Property Owners
🏛️ Public Health & Medical Institutions
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.
🏛️✅ Zone 1 (Maximum Authority)
§
"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
📐
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
Low Friction
Legislative Encroachment & Purse
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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
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
Low Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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%).
ℹ️
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
1,653
7,592 characters
Estimated Read Time
8 min
@ 200 words / min
Flesch-Kincaid
3
Grade 3
Text size:
Related Executive Orders
3 orders cited directly in this text, plus related actions from this administration.
EO 6909 Nov 21, 1934
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 6909—Withdrawal of Public Lands for Use in Connection with a Grazing Project
📜 Art. II §1: Executive Discretion & Internal Operations
All of the unreserved and unappropriated public lands of the United States in Custer, Fall River, Jackson, and Pennington Counties, South Dakota, be, and they are hereby, temporarily withdrawn from settlement, location, sale, or entry, for classification and use as a grazing…
Franklin D. Roosevelt High School • 1m
EO 6910 Nov 26, 1934
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 6910—Withdrawal of Public Lands for Conservation
📜 10th Amend: Intergovernmental Federalism Cooperation
All of the vacant, unreserved and unappropriated public land in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah and Wyoming be, and it hereby is, temporarily withdrawn from settlement, location, sale or…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 7908 Jun 9, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7908—Transferring Certain Lands to the Secretary of Agriculture for Use, Administration, and Disposition Under Title III of the Bankhead-Jones Farm Tenant Act
📜 Art. II §1: Executive Discretion & Internal Operations
All the right, title, and interest of the United States in the lands so acquired or in process of acquisition, be, and they are hereby, transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 8360 Mar 2, 1940
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 8360—Amendment of Paragraph 1, Subdivision VI, Schedule B of the Civil Service Rules
📜 Art. I §8: Delegated Tariff & Commerce Execution
Paragraph 1, Subdivision VI, Schedule B of the Civil Service Rules be, and it is hereby, amended to read as follows: "1. Classified positions in the Custodian Service and at the Coast Guard Depot, Curtis Bay, Maryland, when filled by the promotion of unclassified laborers…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 8359 Mar 2, 1940
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 8359—Partial Revocation of Executive Order No. 3406 of February 13, 1921, Withdrawing Lands for Lighthouse Purposes
📜 Art. II §1: Executive Discretion & Internal Operations
ALASKA By virtue of the authority vested in me as President of the United States, Executive Order No. 3406 of February 13, 1921, withdrawing lands in Alaska for lighthouse purposes, is hereby revoked so far as it affects the parcel of land designated in that order as Parcel 26…
Franklin D. Roosevelt High School • 1m
EO 8358 Mar 2, 1940
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 8358—Revocation of Executive Order No. 4308 of September 23, 1925, Withdrawing Public Lands for Classification
📜 Art. II §1: Executive Discretion & Internal Operations
ARIZONA By virtue of the authority vested in me by the act of June 25, 1910, c. 421, 36 Stat. 847, Executive Order No. 4308 of September 23, 1925, temporarily withdrawing public lands in Arizona for classification, pending examination by the Smithsonian Institution of certain…
Franklin D. Roosevelt High School • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 8361 (Mar. 2, 1940), https://executiveordersarchive.org/orders/app-executive-order-8361-amendment-executive-order-no-6909-november-21-1934-withdrawing-public.
