Executive Order 9104 Constitutional Neutral (+0.02)

Executive Order 9104—Withdrawing Public Lands for Use of the War Department as an Aerial Gunnery Range

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Wednesday, March 18, 1942

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2 min read (348 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Franklin D. Roosevelt on 1942-03-18, establishes federal administrative policy concerning "Withdrawing Public Lands for Use of the War Department as an Aerial Gunnery Range." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ 1341), it is ordered that, subject to valid existing rights and to power site classification No.

▪ 239, the public lands in the following-described areas be, and they are hereby withdrawn from all forms of appropriation under the public-land laws, including the mining laws, and reserved for the use of the War Department as an aerial gunnery range: Gila and Salt River Meridian T.

▪ This order shall take precedence over, but shall not rescind or revoke the order of the Secretary of the Interior of July 14, 1938, establishing Grazing District No.

▪ It is intended that the lands described herein 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

🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Total Words

348

1,786 characters

Estimated Read Time

2 min

@ 200 words / min

Flesch-Kincaid

Post-Grad reading level

Constitutional Polarity

+0.02

Framers' Alignment index

📜

Scholarly & Legal Citations

Exec. Order No. 9104, Franklin D. Roosevelt (Mar 18, 1942). Available at https://executiveordersarchive.org/orders/app-executive-order-9104-withdrawing-public-lands-for-use-the-war-department-aerial-gunnery.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

ARIZONA By virtue of the authority vested in me by 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 and to power site classification No. 239, 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 an aerial gunnery range: Gila and Salt River Meridian T. 6 S., R. 4 W. sec 18, lots 3, 4, E½SW¼; sec. 19, lots 1, 2, 3, 4, E½W½; sec. 30, lots 1, 2, E½NW¼; T. 6 S., R. 5 W. sec. 13; sec. 14, E½, SW¼, S½NW¼; sec. 15; sec. 16; sec. 17; sec. 18 lots 3, 4, E½SW¼, SE¼, SE¼NW¼, E½NE¼, SW¼NE¼; secs 19 to 23 and 25 to 36, incl.; T. 7 S., R. 5 W. secs. 1 to 12, incl.; T. 6 S., R. 6 W. sec. 13, E½SE¼, SW¼SE¼, SE¼SW¼; sec. 22, E½SE¼, SW¼SE¼, S½SW¼; sec. 23, S½, E½NE¼, SW¼NE¼, SE¼NW¼; secs. 24 to 27 and 34 to 36, incl.; T. 7 S., R. 6 W. secs. 1 to 3 and 10 to 12, incl.; T. 11 S., R 6 W. sec. 3, lot 4, SW¼NW¼, W½SW¼; secs. 4 to 9, incl.; sec. 10, W½NW¼, SW¼; secs. 13 to 21, incl.; sec. 22, W½; sec. 23, E½; sec. 24, W½W½; sec. 25, W½NW¼; sec. 26 to 30, incl. The areas described, including both public and nonpublic lands, aggregate 45,168.09 acres. This order shall take precedence over, but shall not rescind or revoke the order of the Secretary of the Interior of July 14, 1938, establishing Grazing District No. 3, Arizona, so far as such order affects any of the above-described lands. It is intended that the lands described herein 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, March 18, 1942.