ILLINOIS Whereas certain lands in the State of Illinois within the hereinafter-described area have been acquired, or are in process of acquisition, under the authority of Title H of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of 1935, approved April 8, 1935 (49 Stat. 115), and Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), in connection with the Crab Orchard Land Utilization Project of the Department of Agriculture; and Whereas by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in those lands acquired, or in process of acquisition, under the authority of the aforesaid National Industrial Recovery Act and the Emergency Relief Appropriation Act of 1935 were transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the aforesaid Bankhead-Jones Farm Tenant Act, and the related provisions of Title IV thereof; and immediately upon the acquisition of legal title to those lands now in the process of acquisition under the authority of said acts, said order, under the terms thereof, will become applicable to all the additional right, title, and interest thereby acquired by the United States; and Whereas it appears that the use of such lands by the War Department for national defense purposes would best carry out the land conservation and land utilization program for which such lands were acquired, and would be in the public interest: Now, Therefore , by virtue of and pursuant to the authority vested in me by section 32 of Title III of the said Bankhead-Jones Farm Tenant Act. and upon recommendation of the Secretary of. Agriculture, it is ordered that all lands within the hereinafter-described area acquired, or in process of acquisition, by the United States, together with the improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of War for national defense purposes: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete their acquisition. Williamson County, Illinois Beginning at a point on the South right of way line of State Bond Issue Route 13 where said South right of way line intersects the West line of the SW¼ of Section 14, T9S, R1E, 3rd P.M., said point being near the NW corner of the said SW¼; thence in a general Easterly direction along the South right of way line of said highway to a point where the said South right of way line Intersects the West railroad right of way line of the Chicago, Burlington and Quincy railroad; thence in a general Southeasterly direction along the said West railroad right of way line to where the said West railroad right of way line intersects the East section line of Section 27, T9S, R2E, 3rd P.M.; thence South along the East section line of said Section 27 to the SE corner of the NE¼ of said Section 27; thence East along the half section line of Section 26, T9S, R2E, 3rd P.M., to a point where the West railroad right of way line of the Chicago, Burlington and Quincy railroad intersects the half section line of said Section 26; thence in a general Southeasterly direction along the said West railroad right of way line to a point where the said West railroad right of way line intersects the East line of the SW¼ SW¼ of said Section 26; thence South along the quarter section line through Section 26 and Section 35 to the SE corner of the N½ NW¼ SW¼ of said Section 35; thence West to the SW corner of the N½ NW¼ SW¼ of said Section 35; thence South along the East section line of Section 34, T9S, R2E, 3rd P.M., to the SE corner of said Section 34; thence South along the East section lines of Section 3 and Section 10, T10S, R2E. 3rd P.M., to the SE corner of said Section 10; thence West along the South section lines of Section 10, Section 9, Section 8 and Section 7, T10S, R2E, 3rd P.M., to the SW comer of said Section 7; thence West along the South section lines of Section 12, Section 11 and Section 10, T10S, R1E, 3rd P.M., to the Southwest corner of said Section 10; thence North along the West section lines of Section 10 and Section 3, T10S, R1E, 3rd P.M., to the NW corner of said Section 3; thence North along the West section lines of Section 34 and Section 27, T9S, R1E, 3rd P.M., to the NW corner of said Section 27; thence East along the North section line of said Section 27 to the NE corner of said Section 27; thence North along the West section lines of Section 23 and Section 14 to a point on the South right of way line of State Bond Issue Route 13 where said South right, of way line intersects the West line of the SW¼ of said Section 14, being the point of beginning. FRANKLIN D ROOSEVELT The White House, April 1, 1942.
Executive Order 9121—Transfer of Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of War
Executive Brief • At a Glance
All lands within the hereinafter-described area acquired, or in process of acquisition, by the United States, together with the improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of War for national defense purposes: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete their acquisition.
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 April 1, 1942, this order concerns Transfer of Jurisdiction Over Certain Lands From the Secretary of Agriculture to the Secretary of War. All lands within the hereinafter-described area acquired, or in process of acquisition, by the United States, together with the improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of War for national defense purposes: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the…
Key Directives & Operative Actions
All lands within the hereinafter-described area acquired, or in process of acquisition, by the United States, together with the improvements thereon, be, and they are hereby, transferred from the Secretary of Agriculture to the Secretary of War for national defense purposes: Provided, however , that the Secretary of Agriculture shall retain such jurisdiction over the lands now in process of acquisition by the United States as may be necessary to enable him to complete their acquisition.
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. 9121 (Apr. 1, 1942), https://executiveordersarchive.org/orders/app-executive-order-9121-transfer-jurisdiction-over-certain-lands-from-the-secretary.