ARIZONA By virtue of the authority vested in me by the act of June 25, 1910, c. 421, 36 Stat. 847, as amended by the act of August 24, 1912, c. 369, 37 Stat. 497, it is ordered that Executive Order No. 7515 of December 16, 1936, temporarily withdrawing and reserving certain land in the State of Arizona for use of the War Department as an enlargement of a target range used by the Arizona National Guard, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Civil Aeronautics Authority in the establishment and maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: GILA AND SALT RIVER MERIDIAN T. 1 N., R. 3 W., sec. 7, W½NE¼, E½NW¼, containing 160 acres. FRANKLIN D. ROOSEVELT The White House, July 16, 1940.
Executive Order 8486—Modification of Executive Order No. 7515 of December 16, 1936, Withdrawing Public Land for Use of the War Department
Executive Brief • At a Glance
Executive Order No. 7515 of December 16, 1936, temporarily withdrawing and reserving certain land in the State of Arizona for use of the War Department as an enlargement of a target range used by the Arizona National Guard, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Civil Aeronautics Authority in the establishment and maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: GILA AND SALT RIVER MERIDIAN T. 1 N., R. 3 W., sec. 7, W½NE¼, E½NW¼, containing 160 acres.
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 16, 1940, this order concerns Modification of Executive Order No. 7515 of December 16, 1936, Withdrawing Public Land for Use of the War Department. Executive Order No. 7515 of December 16, 1936, temporarily withdrawing and reserving certain land in the State of Arizona for use of the War Department as an enlargement of a target range used by the Arizona National Guard, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Civil Aeronautics…
Key Directives & Operative Actions
Executive Order No. 7515 of December 16, 1936, temporarily withdrawing and reserving certain land in the State of Arizona for use of the War Department as an enlargement of a target range used by the Arizona National Guard, be, and it is hereby, modified to the extent necessary to enable the Secretary of the Interior to withdraw the following-described tracts of public land for use by the Civil Aeronautics Authority in the establishment and maintenance of air-navigation facilities under and pursuant to the provisions of section 4 of the act of May 24, 1928, 45 Stat. 728, 729: GILA AND SALT RIVER MERIDIAN T. 1 N., R. 3 W., sec. 7, W½NE¼, E½NW¼, containing 160 acres.
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 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."
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.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
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.
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
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8486 (July 16, 1940), https://executiveordersarchive.org/orders/app-executive-order-8486-modification-executive-order-no-7515-december-16-1936-withdrawing.