NEW MEXICO By virtue of the authority vested in me by section 1 of the act of July 9, 1918, C. 143, 40 Stat. 845, 848 (U.S.C., title 10, sec. 1341) it is ordered that, subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as a general bombing range: New Mexico Principal Meridian Tps. 6 S. to 10 S., R. 3 E., inclusive. Tps. 6 S. to 16 S., Rs. 4 E. to 7 E., inclusive. Tps. 11 S. to 16 S., R. 8 E., inclusive. The areas described, including both public and non-public lands, aggregate 1,249,904.36 acres. This order shall take precedence over, but shall not rescind or revoke, (1) the Executive Order of April 27, 1926, creating Public Water Reserve No. 107, and (2) the order of the Secretary of the Interior of April 8, 1935, establishing Grazing District No. 4, New Mexico, so far as such orders affect any of the lands in the above-described areas. In connection with the use by the War Department of the lands described herein, the local army commandant shall consult with such local representatives of the Department of the Interior as may be designated by the Secretary of the Interior as to the location of bombtarget sites, for the purpose of minimizing the effect of demolition bombing in areas valuable for scientific purposes. It is intended that the lands reserved by this order shall be returned to the administration of the Department of the Interior when they are no longer needed for the purpose for which they are reserved. FRANKLIN D ROOSEVELT The White House, January 20, 1942.
Executive Order 9029 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 9029—Withdrawing Public Lands for Use of the War Department as a General Bombing Range
Executive Brief • At a Glance
⏱️ 1 min read (298 words) •
● In Effect
🎯 Primary Mandate
Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as a general bombing range: New Mexico Principal Meridian Tps. 6 S. to 10 S., R. 3 E., inclusive.
⚖️ 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 Executive Departments & Federal Civil Servants Private Citizens & Property Owners
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 January 20, 1942, this order concerns Withdrawing Public Lands for Use of the War Department as a General Bombing Range. Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as a general bombing range: New Mexico Principal Meridian Tps. 6 S. to 10 S., R. 3 E., inclusive. Tps. 6 S. to 16 S., Rs. 4 E. to 7 E., inclusive.
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
▪
Subject to valid existing rights, the public lands in the following-described areas be, and they are hereby, withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as a general bombing range: New Mexico Principal Meridian Tps. 6 S. to 10 S., R. 3 E., inclusive.
▪
This order shall take precedence over, but shall not rescind or revoke, (1) the Executive Order of April 27, 1926, creating Public Water Reserve No. 107, and (2) the order of the Secretary of the Interior of April 8, 1935, establishing Grazing District No. 4, New Mexico, so far as such orders affect any of the lands in the above-described areas.
▪
In connection with the use by the War Department of the lands described herein, the local army commandant shall consult with such local representatives of the Department of the Interior as may be designated by the Secretary of the Interior as to the location of bombtarget sites, for the purpose of minimizing the effect of demolition bombing in areas valuable for scientific purposes.
▪
It is intended that the lands reserved by this order shall be returned to the administration of the Department of the Interior when they are no longer needed for the purpose for which they are reserved.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
🏛️ Private Citizens & Property Owners
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
"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
📐
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
298
1,696 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
10.4
High School
Text size:
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📜 Art. II §1: Executive Discretion & Internal Operations
I hereby exempt the said Thomas A. Haigh from compulsory retirement for age for a period of one year ending February 28, 1943.
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📜
Scholarly & Legal Citations
Exec. Order No. 9029 (Jan. 20, 1942), https://executiveordersarchive.org/orders/app-executive-order-9029-withdrawing-public-lands-for-use-the-war-department-general-bombing.
