SNAKE RIVER, IDAHO MODIFICATION NO. 411 By virtue of the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, it is ordered that the Executive Order of November 21, 1916, creating Power Site Reserve No. 565, as affected by Order of Interpretation No. 13, approved April 22, 1922, be, and it is hereby, modified to the extent necessary to permit the State of Idaho to construct a highway over lots 8, 9, 12, and 13, sec. 34, T. 9 S., R. 17 E., Boise meridian, Idaho, as shown on the map on file in the General Land Office, Department of the Interior, bearing the title "STATE OF IDAHO DEPARTMENT OF PUBLIC WORKS BUREAU OF HIGHWAYS MAP SHOWING RIGHT OF WAY THROUGH POWER SITE RESERVE-No. 565 S. A. P. 28—C SAWTOOTH PARK HIGHWAY JEROME COUNTY Scale 1"=200' March 30, 1938 Boise, Idaho." on condition that use of the highway shall be discontinued without liability or expense to the United States or its licensees when found by the Secretary of the Interior to be in conflict with project works authorized by the United States. FRANKLIN D. ROOSEVELT The White House, June 10, 1940.
Executive Order 8435—Modifying Executive Order of November 21, 1916, Creating Power Site Reserve No. 565
Executive Brief • At a Glance
The Executive Order of November 21, 1916, creating Power Site Reserve No. 565, as affected by Order of Interpretation No. 13, approved April 22, 1922, be, and it is hereby, modified to the extent necessary to permit the State of Idaho to construct a highway over lots 8, 9, 12, and 13, sec. 34, T. 9 S., R. 17 E., Boise meridian, Idaho, as shown on the map on file in the General Land Office, Department of the Interior, bearing the title "STATE OF IDAHO DEPARTMENT OF PUBLIC WORKS BUREAU OF HIGHWAYS MAP SHOWING RIGHT OF WAY THROUGH POWER SITE RESERVE-No. 565 S. A. P. 28—C SAWTOOTH PARK HIGHWAY JEROME COUNTY Scale 1"=200' March 30, 1938 Boise, Idaho." on condition that use of the highway shall be discontinued without liability or expense to…
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 10, 1940, this order concerns Modifying Executive Order of November 21, 1916, Creating Power Site Reserve No. 565. The Executive Order of November 21, 1916, creating Power Site Reserve No. 565, as affected by Order of Interpretation No. 13, approved April 22, 1922, be, and it is hereby, modified to the extent necessary to permit the State of Idaho to construct a highway over lots 8, 9, 12, and 13, sec. 34, T. 9 S., R. 17 E., Boise meridian, Idaho, as shown on the map on file in the General Land Office, Department of the…
Key Directives & Operative Actions
The Executive Order of November 21, 1916, creating Power Site Reserve No. 565, as affected by Order of Interpretation No. 13, approved April 22, 1922, be, and it is hereby, modified to the extent necessary to permit the State of Idaho to construct a highway over lots 8, 9, 12, and 13, sec. 34, T. 9 S., R. 17 E., Boise meridian, Idaho, as shown on the map on file in the General Land Office, Department of the Interior, bearing the title "STATE OF IDAHO DEPARTMENT OF PUBLIC WORKS BUREAU OF HIGHWAYS MAP SHOWING RIGHT OF WAY THROUGH POWER SITE RESERVE-No. 565 S. A. P. 28—C SAWTOOTH PARK HIGHWAY JEROME COUNTY Scale 1"=200' March 30, 1938 Boise, Idaho." on condition that use of the highway shall be discontinued without liability or expense to…
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 8435 (June 10, 1940), https://executiveordersarchive.org/orders/app-executive-order-8435-modifying-executive-order-november-21-1916-creating-power-site.