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Executive Order 10389 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10389—Restoring Certain Land Reserved for Military Purposes of the United States to the Jurisdiciton of the Territory of Hawaii

Harry S Truman Harry S Truman
•
Saturday, August 30, 1952
•
2 min read (456 words)

Executive Brief • At a Glance

⏱️ 2 min read (456 words) • ● In Effect
🎯 Primary Mandate

The following-described tract of land situated at Ka Lae, Kamoa, Kau, Island of Hawaii, Territory of Hawaii, is hereby restored to the possession, use, and control of the Territory of Hawaii: Beginning at point "B" on the east boundary of Ka Lae Light House Reservation, said point "B" marked by a drilled hole in solid rock is situated 724,72 feet south, and 174,41 feet east of U.S. Coast Guard and Geodetic Survey triangulation station "Ka Lae"; thence from said point of beginning by azimuths, measured clockwise, from true south, the following courses and distances as follows: 174° 49' 00", 1028.00 feet along the Ka Lae Light House Reservation boundary to a point; thence 134° 17' 00", 670.38 feet along the same to a point intersecting the…

View all 1 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Private Citizens & Property Owners
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Harry S Truman on August 30, 1952, this order concerns Restoring Certain Land Reserved for Military Purposes of the United States to the Jurisdiciton of the Territory of Hawaii. The following-described tract of land situated at Ka Lae, Kamoa, Kau, Island of Hawaii, Territory of Hawaii, is hereby restored to the possession, use, and control of the Territory of Hawaii: Beginning at point "B" on the east boundary of Ka Lae Light House Reservation, said point "B" marked by a drilled hole in solid rock is situated 724,72 feet south, and 174,41 feet east of U.S. Coast Guard and Geodetic Survey…

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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The following-described tract of land situated at Ka Lae, Kamoa, Kau, Island of Hawaii, Territory of Hawaii, is hereby restored to the possession, use, and control of the Territory of Hawaii: Beginning at point "B" on the east boundary of Ka Lae Light House Reservation, said point "B" marked by a drilled hole in solid rock is situated 724,72 feet south, and 174,41 feet east of U.S. Coast Guard and Geodetic Survey triangulation station "Ka Lae"; thence from said point of beginning by azimuths, measured clockwise, from true south, the following courses and distances as follows: 174° 49' 00", 1028.00 feet along the Ka Lae Light House Reservation boundary to a point; thence 134° 17' 00", 670.38 feet along the same to a point intersecting the…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ National Security & Defense
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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)
§

"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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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
456
2,577 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
13.7
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS a tract of land at Ka Lae, Kamoa, Kau, Island of Hawaii, Territory of Hawaii, which forms a part of the public land ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation of July 7, 1898, 30 Stat. 750, was reserved for military purposes of the United States in part by Presidential Executive Order No. 4635 of April 21, 1927, and in part by Executive Order No. 869 of February 6, 1940, of the Governor of the Territory of Hawaii; and WHEREAS such land is no longer needed for military purposes, and it is deemed advisable and in the public interest that it be restored to the possession, use, and control of the Territory of Hawaii:

NOW, THEREFORE, #now-therefore

by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, it is ordered as follows: The following-described tract of land situated at Ka Lae, Kamoa, Kau, Island of Hawaii, Territory of Hawaii, is hereby restored to the possession, use, and control of the Territory of Hawaii: Beginning at point "B" on the east boundary of Ka Lae Light House Reservation, said point "B" marked by a drilled hole in solid rock is situated 724,72 feet south, and 174,41 feet east of U.S. Coast Guard and Geodetic Survey triangulation station "Ka Lae"; thence from said point of beginning by azimuths, measured clockwise, from true south, the following courses and distances as follows: 174° 49' 00", 1028.00 feet along the Ka Lae Light House Reservation boundary to a point; thence 134° 17' 00", 670.38 feet along the same to a point intersecting the high water line; thence following the sea pali to a point which is the northwest corner of this reservation, said point bears 90° 00' 00", 50,000 feet from a 2 inch pipe set in cement, the coordinates of said point referred to Government Survey triangulation station "Ka Lae" being 4424046 feet north and 345.22 feet west; thence 270° 00´ 00", 8031.10 feet to the Railroad spike set in concrete and stone ahu, said point being the northeast corner of this reservation; thence 360° 00´ 00", 1570.00 feet to a point on the sea coast at the high water line; thence along the sea coast and the high water line in a southwesterly direction to a Lighthouse Reservation, the direct azimuth and distance being 64° 08´ 06", 8341.60 feet; thence 174° 49´ 00", 60.00 feet along the Ka Lae Lighthouse Reservation boundary to the point of beginning; containing 699038 acres more or less. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

August 30, 1952

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Scholarly & Legal Citations 

Exec. Order No. 10,389 (Aug. 30, 1952), https://executiveordersarchive.org/orders/app-executive-order-10389-restoring-certain-land-reserved-for-military-purposes-the-united.