A new survey having been made by First Lieut. James Huston, Tenth Cavalry, of the military reservation of Fort Washakie, Wyo., reserved by Executive order of May 21, 1887 (G.O. No. 37, Headquarters of the Army, A.G.O., May 26, 1887), as determined from the old corner monuments, except that corner II has been moved so as to exclude the part of the reservation encroached upon in the construction of buildings pertaining to the Indian school, the reservation as made by said Executive order of May 21, 1887, is hereby modified, in accordance with said new survey so as to include all lands, and those only, within metes and bounds described as follows: Commencing at a point 3,861 feet south 2 degrees 30' east of the flagstaff of Fort Washakie, Wyo., and running thence north 75 degrees 30' east, 11,890 feet to corner II; thence north 26 degrees 15' west, 7,060 feet to corner III; thence south 83 degrees 15' west, 13,125 feet to corner IV; thence south 23 degrees 00' west, 6,435 feet to corner V; thence north 87 degrees 45' east, 3,234 feet to corner VI; thence south 61 degrees 30' east, 4,450 feet to corner I, the place of beginning. All bearings are true. This modification is made subject to the proviso in said Executive order of May 21, 1887, that-- The use and occupancy of the land in question be subject to such right, title, and interest as the Indians have in and to the same, and that it be vacated whenever the interest of the Indians shall require it, upon notice to that effect to the Secretary of War. THEODORE ROOSEVELT The White House, January 31, 1906.
Presidential Order
⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order—Modification of Executive Order of May 21, 1887
Executive Brief • At a Glance
⏱️ 1 min read (281 words) •
● In Effect
🎯 Primary Mandate
James Huston, Tenth Cavalry, of the military reservation of Fort Washakie, Wyo., reserved by Executive order of May 21, 1887 (G.O. No. 37, Headquarters of the Army, A.G.O., May 26, 1887), as determined from the old corner monuments, except that corner II has been moved so as to exclude the part of the reservation encroached upon in the construction of buildings pertaining to the Indian school, the reservation as made by said Executive order of May 21, 1887, is hereby modified, in accordance with said new survey so as to include all lands, and those only, within metes and bounds described as follows: Commencing at a point 3,861 feet south 2 degrees 30' east of the flagstaff of Fort Washakie, Wyo., and running thence north 75 degrees 30'…
⚖️ 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
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Theodore Roosevelt on January 31, 1906, this order concerns Modification of Executive Order of May 21, 1887. A new survey having been made by First Lieut. James Huston, Tenth Cavalry, of the military reservation of Fort Washakie, Wyo., reserved by Executive order of May 21, 1887 (G.O. No. 37, Headquarters of the Army, A.G.O., May 26, 1887), as determined from the old corner monuments, except that corner II has been moved so as to exclude the part of the reservation encroached upon in the construction of buildings…
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
▪
James Huston, Tenth Cavalry, of the military reservation of Fort Washakie, Wyo., reserved by Executive order of May 21, 1887 (G.O. No. 37, Headquarters of the Army, A.G.O., May 26, 1887), as determined from the old corner monuments, except that corner II has been moved so as to exclude the part of the reservation encroached upon in the construction of buildings pertaining to the Indian school, the reservation as made by said Executive order of May 21, 1887, is hereby modified, in accordance with said new survey so as to include all lands, and those only, within metes and bounds described as follows: Commencing at a point 3,861 feet south 2 degrees 30' east of the flagstaff of Fort Washakie, Wyo., and running thence north 75 degrees 30'…
▪
This modification is made subject to the proviso in said Executive order of May 21, 1887, that-- The use and occupancy of the land in question be subject to such right, title, and interest as the Indians have in and to the same, and that it be vacated whenever the interest of the Indians shall require it, upon notice to that effect to the Secretary of War.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
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
281
1,578 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
13.4
College Level
Text size:
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Scholarly & Legal Citations
Exec. Order, Modification of Executive Order of May 21, 1887 (Jan. 31, 1906), https://executiveordersarchive.org/orders/app-executive-order-modification-executive-order-may-21-1887.
