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Executive Order 10711 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 10711—Restoring Certain Lands Comprising Portions of the Lualualei Military Reservation to the Jurisdiction of the Territory of Hawaii

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Tuesday, May 14, 1957
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4 min read (898 words)

Executive Brief • At a Glance

⏱️ 4 min read (898 words) • ● In Effect
🎯 Primary Mandate

Subject to the reservation hereinafter stated, the following-described parcels of land comprising portions of the Lualualei Military Reservation, located at Lualualei, District of Waianae, Island of Oahu, Territory of Hawaii, are hereby restored to the possession, use, and control of the Territory of Hawaii: PARCEL I Beginning at a concrete monument No. 1, at the northeast corner of this parcel of land, the southeast corner of the parcel of land conveyed to W. F. Dillingham by the United States of America by Quitclaim Deed, dated December 10, 1924, and recorded in Liber 784, Page 35, and on the northwesterly side of the former Oahu Railway and Land Company's 40-foot right-of-way, the coordinates of said point of beginning referred to…

⚖️ 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 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 Dwight D. Eisenhower on May 14, 1957, this order concerns Restoring Certain Lands Comprising Portions of the Lualualei Military Reservation to the Jurisdiction of the Territory of Hawaii. Subject to the reservation hereinafter stated, the following-described parcels of land comprising portions of the Lualualei Military Reservation, located at Lualualei, District of Waianae, Island of Oahu, Territory of Hawaii, are hereby restored to the possession, use, and control of the Territory of Hawaii: PARCEL I Beginning at a concrete monument No. 1, at the northeast corner of this parcel of land, the…

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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Subject to the reservation hereinafter stated, the following-described parcels of land comprising portions of the Lualualei Military Reservation, located at Lualualei, District of Waianae, Island of Oahu, Territory of Hawaii, are hereby restored to the possession, use, and control of the Territory of Hawaii: PARCEL I Beginning at a concrete monument No. 1, at the northeast corner of this parcel of land, the southeast corner of the parcel of land conveyed to W. F. Dillingham by the United States of America by Quitclaim Deed, dated December 10, 1924, and recorded in Liber 784, Page 35, and on the northwesterly side of the former Oahu Railway and Land Company's 40-foot right-of-way, the coordinates of said point of beginning referred to…

▪

PARCEL II Beginning at concrete monument No. 1 at the east corner of this parcel of land, the north corner of the parcel of land conveyed to W. F. Dillingham by the United States of America by Quit-Claim Deed, dated December 10, 1924, and recorded in Liber 764, Page 35, and on the westerly side of the former Oahu Railway and Land Company's 40-foot right-of-way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Puu-o-Hulu Makai" being: 9910.24 feet North and 3,253.27 feet West, and running by azimuths measured clockwise from true South: 1. 48° 45' 00" 330.00 feet along Deed: United States of America to W. F. Dillingham dated December 10, 1924 (Liber 764, Page 35) to high water mark, passing…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Private Citizens & Property Owners
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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)
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"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
38 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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
898
5,140 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
7.3
Grade 7
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS certain lands at Lualualei, District of Waianae, Island of Oahu, Territory of Hawaii, which are a part of the public lands 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, were withdrawn and set aside for military purposes by Presidential Executive Order No. 2900 of July 2, 1918, as amended by Presidential Executive Order No. 3070 of April 8, 1919; and WHEREAS the hereinafter-described parcels of such land are no longer fully needed for military purposes and it is deemed advisable and in the public interest that they be restored to the possession, use, and control of the Territory of Hawaii subject to the limitation hereinafter set forth:

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: Subject to the reservation hereinafter stated, the following-described parcels of land comprising portions of the Lualualei Military Reservation, located at Lualualei, District of Waianae, Island of Oahu, Territory of Hawaii, are hereby restored to the possession, use, and control of the Territory of Hawaii: PARCEL I Beginning at a concrete monument No. 1, at the northeast corner of this parcel of land, the southeast corner of the parcel of land conveyed to W. F. Dillingham by the United States of America by Quitclaim Deed, dated December 10, 1924, and recorded in Liber 784, Page 35, and on the northwesterly side of the former Oahu Railway and Land Company's 40-foot right-of-way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Puuo-Hulu Makai" being 3,736.93 feet North and 2,384.60 feet West, and running by azimuths measured clockwise from true South: 1. 9° 46' 30" 1115.67 feet along the westerly side of former Oahu Railway and Land Company's 40-foot right-of-way; Thence along the same, on a curve to the left with a radius of 1975.00 feet, the chord azimuth and distance being: 2. 358° 13' 15" 791.16 feet; 3. 346° 40' 00" 1020.59 feet along same; Thence along same, on a curve to the left with a radius of 1497.50 feet, the chord azimuth and distance being: 4. 329° 08' 30" 901.88 feet; 5. 311° 37' 00" 856.70 feet along same; Thence along same, on a curve to the left with a radius of 1975.00 feet, the chord azimuth and distance being: 6. 295° 08' 15" 1120.48 feet; 7. 278° 39' 30" 881.67 feet along same; Thence along same, on a curve to the right with a radius of 5665.00 feet, the chord azimuth and distance being: 8. 296° 40' 45" 3505.08 feet; 9. 314° 42' 00" 5208.99 feet along same to a concrete monument No. 1; 10. 38° 53' 30" 185.00 feet along Nanakuli to high water mark, passing over a concrete monument No. 2 at 65.26 feet; 11. Thence along high water mark in a northwesterly direction to the southwest corner of Deed: United States of America to W. F. Dillingham dated December 10, 1924 (Liber 764, Page 35); 12. 279° 47' 00" 380.00 feet along Deed: United States of America to W. F. Dillingham dated December 10, 1924 (Liber 764, Page 35) to the point of beginning and containing a gross area of 59.73 acres, excepting and deducting all of Presidential Executive Order No. 3070, dated 8 April 1919 and all of Lot 3 of Lualualei Beach Lots (Grant 8915 to R. W. Holt) as shown on Territorial Government Survey Registered Map No. 2592, and containing a net area of 56.44 acres, more or less. PARCEL II Beginning at concrete monument No. 1 at the east corner of this parcel of land, the north corner of the parcel of land conveyed to W. F. Dillingham by the United States of America by Quit-Claim Deed, dated December 10, 1924, and recorded in Liber 764, Page 35, and on the westerly side of the former Oahu Railway and Land Company's 40-foot right-of-way, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Puu-o-Hulu Makai" being: 9910.24 feet North and 3,253.27 feet West, and running by azimuths measured clockwise from true South: 1. 48° 45' 00" 330.00 feet along Deed: United States of America to W. F. Dillingham dated December 10, 1924 (Liber 764, Page 35) to high water mark, passing over a concrete monument No. 2 at 139.80 feet; Thence along high water mark to the south bank of Mai- 11111i Stream, the direct azimuth and distance being: 2. 143° 33' 01" 287.50 feet; Thence along the south bank of MI11111111 Stream, the direct azimuth and distance being: 3. 248° 13' 31" 320.00 feet; 4. 317° 23' 45" 63.79 feet along the westerly side of the former Oahu Railway and Land Company's 40-foot right-of-way to a concrete monument No. 6; Thence along same, on a curve to the right with a radius of 1126.09 feet, the chord azimuth and distance being: 5. 317° 23' 45" 116.21 feet to the point of beginning and containing an area of 1.5 acres, more or less. There is reserved unto the United States the right of ingress, egress, and regress over and upon the subject property for armed-forces maneuver purposes. DWIGHT D. EISENHOWER

THE WHITE HOUSE, #signature

May 14, 1957.

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Scholarly & Legal Citations

Exec. Order No. 10,711 (May 14, 1957), https://executiveordersarchive.org/orders/app-executive-order-10711-restoring-certain-lands-comprising-portions-the-lualualei-military.