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Executive Order 11165 Constitutional Neutral (+0.02)

Executive Order 11165—Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Fort Shafter Military Reservation, Hawaii

Lyndon B. Johnson Lyndon B. Johnson
•
Saturday, August 15, 1964
•
4 min read (704 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 Lyndon B. Johnson on 1964-08-15, establishes federal administrative policy concerning "Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Fort Shafter Military Reservation, Hawaii." 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

▪ 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights, and subject to the provisions of paragraph numbered 2 of this Order with respect to Parcel B— Tract G Of Fort Shafter Military Reservation PARCEL A Being Remnant "A" of Federal Aid Secondary Project No.
▪ Parcel B shall be subject to use by the State of Hawaii and its assigns for non-exclusive rights-of-way for access and utility purposes.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities
Total Words
704
4,204 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
7.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 11165, Lyndon B. Johnson (Aug 15, 1964). Available at https://executiveordersarchive.org/orders/app-executive-order-11165-setting-aside-for-the-use-the-united-states-certain-public-lands-and.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by section 5(d) of the Act of March 18,1959, providing for the admission of the State of Hawaii into the Union (73 Stat. 5), and as President of the United States, it is hereby ordered as follows— 1. All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or which have been acquired in exchange for lands or properties so ceded, are hereby set aside for the use of the United States* in fee simple subject to valid existing rights, and subject to the provisions of paragraph numbered 2 of this Order with respect to Parcel B— Tract G Of Fort Shafter Military Reservation PARCEL A Being Remnant "A" of Federal Aid Secondary Project No. S-0720(l), being also a portion of Presidential Executive Order 5607, dated April 22,1931 (Amending Presidential Executive Order 5132, dated June 6, 1929), situate at Kahauiki, Oahu, Hawaii, and a portion of Moanalua Road, situate at Moanalua, Oahu, Hawaii. Beginning at the east corner of this piece of land, being also the north corner of Remnant "B" on the northeast boundary of Presidential Executive Order 5607, the coordinates of the said point of beginning referred to Government Survey Triangulation Station "Salt Lake" being 7,783.56 feet South and 7,424.74 feet East, thence running by azimuths measured clockwise from true South: 1. 131 °32' 276.00 feet along the remainder of P.E.O. 5607, along the new northeast side of Moanalua Road, Project No. S-0720(l); 2. 127°49' 138.36 feet along same; 3. 123 °46' 88.44 feet along same; 4. 122°55' 112.11 feet along same; 5. 115°45' 97.15 feet along same; 6. 104°39' 127.90 feet along same; 7. 105°57' 345.43 feet along same; 8. 95°58'75.44 feet along same; 9. 91°35' 16.61 feet along the remainder of the present Moanalua Road, along the new northeast side of Moanalua Road. Project No. S-0720 (1); 10. 253°51' 12.40 feet along the present northwest side of Moanalua Road, along Parcel 1 of P.E.O. 4545; 11. 191"03'59" 4.43 feet along the Kahauiki-Moanalua boundary, along the west end of P.E.O. 5607; 12. Thence along the northeast side of P.E.O. 5607 along Fort Shatter Military Reservation, P.E.O. 2521, on a curve to the right with a radius of 517.61 feet, the chord azimuth and distance being 275°47'04" 184.48 feet; 13. 286°03' 193.77 feet along the northeast side of P.E.O. 5607, along Fort Shafter Military Reservation, P.E.O. 2521; 14. Thence along same on a curve to the right with a radius of 1,457.77 feet, the chord azimuth and distance being 300°36'30" 732.86 feet; 15. Thence along same on a curve to the right with a radius of 1,440.54 feet, the chord azimuth and distance being 318°18'57" 158.27 feet to the point of beginning and containing an area of 24,710 square feet, or 0.567 acre, more or less. PARCEL B Being Remnant "B" of Federal Aid Secondary Project No. S-0720(l), being also a portion of Presidential Executive Order 5607, dated April 22, 1931 (Amending Presidential Executive Order 5132, dated June 6, 1929), situate at Kahauiki, Oahu, Hawaii. Beginning at the north corner of this piece of land, being also the east corner of Remnant "A," on the northeast side of P.E.O. 5607, the coordinates of the said point of beginning referred to Government Survey Triangulation Station "Salt Lake" being 7,783.56 feet South and 7,424.74 feet East, thence running by azimuths measured clockwise from true South: 1. Along the northeast boundary of P.E.O. 5607, along Fort Shatter Military Reservation, P.E.O. 2521, on a curve to the right with a radius of 1,440.54 feet, the chord azimuth and distance being 327°03'12" 280.56 feet; 2. 146°46'30" 221.60 feet along the remainder of P.E.O. 5607, along the new northeast side of Moanalua Road, Project No. S-0720(l); 3. 148°06' 58.98 feet along same to the point of beginning and containing an area of 1,432 square feet, or 0.033 acre, more or less. 2. Parcel B shall be subject to use by the State of Hawaii and its assigns for non-exclusive rights-of-way for access and utility purposes. LYNDON B. JOHNSON The White House, August 15, 1964.