NEW MEXICO By virtue of and pursuant to the authority vested in me by section 32 of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), Executive Order No. 7975 of September 16, 1938, transferring jurisdiction over certain lands in New Mexico from the Secretary of Agriculture to the Secretary of the Interior, is hereby amended as follows: 1. The following-described lands are added to the lands described in the said order of September 16, 1938, and made subject to the provisions thereof: ZUNI PROJECT, LI-NM 13 McKINLEY AND VALENCIA COUNTIES, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 8 N., R. 16 W., Sec. 28, N 1/2 NW ¼. GALLUP-TWO WELLS PROJECT, LI-NM 13 McKINLEY COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 12 N., R. 18 W., Sec. 20, N ½ NE ¼; Sec. 28, S. ½ SW ¼. 2. The following-described lands are excluded from the operation of the said order of September 16, 1938, and the said order shall be inapplicable to such lands: GALLUP-TWO WELLS PROJECT, LI-NM 18 McKINLEY COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 12 N., R. 18 W., Sec. 18, Lot 4 and SE ¼ SW ¼; Sec. 20, W ½ NE ¼. FRANKLIN D ROOSEVELT The White House, July 8, 1940.
Executive Order 8472 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §1: Executive Discretion & Internal Operations
Executive Order 8472—Amendment of Executive Order No. 7975 of September 16, 1938, Transferring Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of the Interior
Executive Brief • At a Glance
⏱️ 1 min read (217 words) •
● In Effect
🎯 Primary Mandate
The following-described lands are excluded from the operation of the said order of September 16, 1938, and the said order shall be inapplicable to such lands: GALLUP-TWO WELLS PROJECT, LI-NM 18 McKINLEY COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 12 N., R. 18 W., Sec. 18, Lot 4 and SE ¼ SW ¼; Sec. 20, W ½ NE ¼.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §1: Executive Discretion & Internal Operations
🏛️ Scope & Affected Sectors
Executive Branch Departments General Body of the People
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 July 8, 1940, this order concerns Amendment of Executive Order No. 7975 of September 16, 1938, Transferring Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of the Interior. By virtue of and pursuant to the authority vested in me by section 32 of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), Executive Order No. 7975 of September 16, 1938, transferring jurisdiction over certain lands in New Mexico from the Secretary of Agriculture to the Secretary of the Interior, is hereby amended as follows: 1.
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
▪
The following-described lands are excluded from the operation of the said order of September 16, 1938, and the said order shall be inapplicable to such lands: GALLUP-TWO WELLS PROJECT, LI-NM 18 McKINLEY COUNTY, NEW MEXICO NEW MEXICO PRINCIPAL MERIDIAN T. 12 N., R. 18 W., Sec. 18, Lot 4 and SE ¼ SW ¼; Sec. 20, W ½ NE ¼.
Constitutional & Societal Entities Impacted
🏛️ Executive Branch Departments
🏛️ General Body of the People
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 2 (Zone of Twilight)
§
"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
📐
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
26 / 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
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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
Moderate Friction
Youngstown Jacksonian Tier
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%).
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
217
1,196 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
10.4
High School
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 7975 Sep 16, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §3: Administrative Management & Civil Service
I hereby designate the following-named independent establishments and agencies as organizations which are required to comply with the provisions of section 6 of Executive Order No. 7916, dated June 24, 1938, relating to the establishment of Divisions of Personnel Supervision…
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📜 10th Amend: Intergovernmental Federalism Cooperation
Jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired by the United States in connection with the aforementioned project, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior; and the…
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📜 10th Amend: Intergovernmental Federalism Cooperation
Jurisdiction over the hereinafter-described lands, together with the improvements thereon, acquired by the United States in connection with the hereinafter-designated projects, be, and it is hereby, transferred from the Secretary of Agriculture to the Secretary of the Interior…
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📜 Art. I §8: Delegated Tariff & Commerce Execution
I hereby accept on behalf of the United States title in fee simple to 35 acres, more or less, of lands above low-water mark, forming a part of Government Island in the City of Alameda, County of Alameda, California, and particularly described in the deed from the City of…
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Executive Order 8474—Authorizing the Appointment of Newton B. Drury to the Position of Director of the National Park Service Without Regard to the Civil Service Rules
📜 Art. II §3: Administrative Management & Civil Service
Newton B. Drury may be appointed to the position of Director of the National Park Service, Department of the Interior, without regard to the competitive requirements of the Civil Service Act and Rules.
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EO 8478 Jul 10, 1940
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §3: Administrative Management & Civil Service
The following appointments, effective as of July 1, 1940, may be made in the Welfare Unit, Public Buildings Administration, Federal Works Agency, without compliance with the competitive requirements of the Civil Service Rules: Mrs. Clara H. Beach to a position of Senior Welfare…
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📜
Scholarly & Legal Citations
Exec. Order No. 8472 (July 8, 1940), https://executiveordersarchive.org/orders/app-executive-order-8472-amendment-executive-order-no-7975-september-16-1938-transferring.
