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Executive Order 8568 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 8568—Establishing the St. Lawrence Advisory Committee and Providing for a Preliminary Investigation of International Rapids Section, St. Lawrence River

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Wednesday, October 16, 1940
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2 min read (419 words)

Executive Brief • At a Glance

⏱️ 2 min read (419 words) • ● In Effect
🎯 Primary Mandate

There is hereby established the St. Lawrence Advisory Committee, consisting of Leland Olds, Chairman of the Federal Power Commission, as chairman; A. A. Berle, Assistant Secretary of State; Brigadier General Thomas M. Robins of the Board of Engineers for Rivers and Harbors, Corps of Engineers, United States Army and Gerald V. Cruise, representative of the Trustees of the Power Authority of the State of New York.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants

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 October 16, 1940, this order concerns Establishing the St. Lawrence Advisory Committee and Providing for a Preliminary Investigation of International Rapids Section, St. Lawrence River. There is hereby established the St. Lawrence Advisory Committee, consisting of Leland Olds, Chairman of the Federal Power Commission, as chairman; A. A. Berle, Assistant Secretary of State; Brigadier General Thomas M. Robins of the Board of Engineers for Rivers and Harbors, Corps of Engineers, United States Army and Gerald V. Cruise, representative of the Trustees of the Power Authority of the State of New York.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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There is hereby established the St. Lawrence Advisory Committee, consisting of Leland Olds, Chairman of the Federal Power Commission, as chairman; A. A. Berle, Assistant Secretary of State; Brigadier General Thomas M. Robins of the Board of Engineers for Rivers and Harbors, Corps of Engineers, United States Army and Gerald V. Cruise, representative of the Trustees of the Power Authority of the State of New York.

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It shall be the duty of the Committee to advise the President with respect to the matters hereinafter set forth, and to perform such other functions as the President may determine. 2.

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The Federal Power Commission and the Corps of Engineers, United States Army, are authorized, empowered, and directed — (a) To make such preliminary investigations as the Advisory Committee may consider appropriate or necessary with respect to development of navigation and hydroelectric power in the International Rapids Section of the St. Lawrence River, including, among other things, (1) preliminary investigations of the potential dam site by means of core borings, test pits, soil analyses, etc., (2) preliminary surveys of the lands necessary for such development, and investigation of the titles to such lands, and (3) preparation of preliminary plans and specifications.

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The Federal Power Commission and Corps of Engineers, United States Army, shall have authority to appoint, without regard to the civil service laws, such officers, experts, and employees as they may deem necessary to carry out their functions under this order, and to prescribe their functions, duties, responsibilities and tenure.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
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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 2 (Zone of Twilight)
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"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

"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.

Hamiltonian Stance: Strong Prerogative Support
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
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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.

⚖️ Discretionary Twilight Zone
43 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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

Moderate Friction

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%).
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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
419
2,663 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14.1
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Act entitled "An Act making appropriations for the Navy Department and the Naval Service for the fiscal year ending June 30, 1941, and for other purposes," approved June 11, 1940 (Pub. No. 588, 76th Cong.), and by the Military Appropriation Act, 1941, approved June 13, 1940 (Pub. No. 611, 76th Cong.), and as President of the United States, and in order to provide for emergencies affecting the national security and defense, it is hereby ordered as follows: 1. There is hereby established the St. Lawrence Advisory Committee, consisting of Leland Olds, Chairman of the Federal Power Commission, as chairman; A. A. Berle, Assistant Secretary of State; Brigadier General Thomas M. Robins of the Board of Engineers for Rivers and Harbors, Corps of Engineers, United States Army and Gerald V. Cruise, representative of the Trustees of the Power Authority of the State of New York. It shall be the duty of the Committee to advise the President with respect to the matters hereinafter set forth, and to perform such other functions as the President may determine. 2. The Federal Power Commission and the Corps of Engineers, United States Army, are authorized, empowered, and directed — (a) To make such preliminary investigations as the Advisory Committee may consider appropriate or necessary with respect to development of navigation and hydroelectric power in the International Rapids Section of the St. Lawrence River, including, among other things, (1) preliminary investigations of the potential dam site by means of core borings, test pits, soil analyses, etc., (2) preliminary surveys of the lands necessary for such development, and investigation of the titles to such lands, and (3) preparation of preliminary plans and specifications. (b) To make periodic reports, with recommendations to the President, of the results of the aforesaid investigations. (c) To consult and cooperate with appropriate agencies of the Canadian Government. 3. In the performance of their functions and duties under this order the Federal Power Commission and the Corps of Engineers, United States Army, may avail themselves of the services, records, reports, and information of the Executive departments and other agencies of the Government. 4. The Federal Power Commission and Corps of Engineers, United States Army, shall have authority to appoint, without regard to the civil service laws, such officers, experts, and employees as they may deem necessary to carry out their functions under this order, and to prescribe their functions, duties, responsibilities and tenure. FRANKLIN D ROOSEVELT The White House, October 16, 1940.

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Scholarly & Legal Citations

Exec. Order No. 8568 (Oct. 16, 1940), https://executiveordersarchive.org/orders/app-executive-order-8568-establishing-the-st-lawrence-advisory-committee-and-providing-for.