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— All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Eepublic 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— Portion Of Tract B. Pohakuloa Training Area Being portions of the Government Lands of Kaobe and Puuanahulu, and the Crown Land of Hummuula. Being also a portion of Mauna Loa Forest and Game Reserve (Governor's Executive Order No. 1288, dated December 2, 1948). Situated at Kaohe, Hamakua; Puuanahulu, North Kona; and Hummuula, North Hilo; Island of Hawaii, State of Hawaii. Beginning at a point on the northeast boundary of this piece of land, the coordinates of said point of beginning from Government Survey Triangulation Station "OMAOKOILI" being 6,664.51 feet South and 3,954.19 feet West, thence running by azimuths measured clockwise from true South: 1. 336°22' 21,800.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 2. 82°05' 17,400.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 3. 120°00' 3,900.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 4. 44°10' 3,900.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 5. 82°05' 8,100.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 6. 360°00' 16,900.95 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 7. 90°00' 33,877.72 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288) ; to the boundary between Kaohe and Keauhou; 8. 149°40'51.4" 37,269.00 feet along Keauhou to "Naohueleelua;" 9. Ul°14'54" 2,500.00 feet along Keauhou; 10. 166°06'51" 12,329.90 feet along the remainder of Puuanahulu; 11. 221°36'51" 15,850.00 feet along the remainder of Puuanahulu; 12. 269°10' 21,730.00 feet along the remainder of Puuanahulu and Mauna Loa Forest and Game Reserve; 13. 179°29' 1,132.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 14. 265°10' 3,000.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 15. 259°40' 3,700.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 16. 202°30' 1,300.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 17. 238°00' 3,600.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 18. 290°00' 4,700.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 19. 270°48' 1,670.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 20. 296°30' 2,900.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 21. 254°20' 3,300.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 22. 293°50' 9,600.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 23. 28°30' 1,100.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 24. 298°30' 1,400.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 25. 208°30' 800.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 26. 291°10' 6,000.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 27. 334°39' 1,540.00 feet along the remainder of Mauna Loa Forest and Game Reserve (Governor's Executive Order 1288); 28. 316°30' 14,800.00 feet to the point of beginning and containing an area of 84,057 acres, more or less. LYNDON B. JOHNSON The White House, August 15, 1964.
Executive Order 11167 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 11167—Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Pohakuloa Training Area, Hawaii
Executive Brief • At a Glance
⏱️ 3 min read (697 words) •
● In Effect
🎯 Primary Mandate
All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Eepublic 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— Portion Of Tract B. Pohakuloa Training Area Being portions of the Government Lands of Kaobe and Puuanahulu, and the Crown Land of Hummuula.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Lyndon B. Johnson on August 15, 1964, this order concerns Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Pohakuloa Training Area, Hawaii. All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Eepublic 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— Portion Of Tract B.…
Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.
Key Directives & Operative Actions
▪
All lands and other property hereinafter described, being lands and property which were ceded to the United States by the Eepublic 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— Portion Of Tract B. Pohakuloa Training Area Being portions of the Government Lands of Kaobe and Puuanahulu, and the Crown Land of Hummuula.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Defends Vigor & Dispatch
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Anti-Federalist Stance: High Bill of Rights Scrutiny
📐
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
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
Moderate Friction
Federalism & State Sovereignty
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
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
697
4,417 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
10.5
High School
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11166 Aug 15, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11166—Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Makua Military Reservation, Hawaii
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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…
Lyndon B. Johnson Grade 9 • 3m
EO 11165 Aug 15, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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
📜 Art. II §2: Commander-in-Chief Supervisory Authority
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…
Lyndon B. Johnson Grade 7 • 4m
EO 11171 Aug 18, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11171—The Canal Zone Merit System and Regulations Relating to Conditions of Employment in the Canal Zone
📜 Art. II §2: Commander-in-Chief Supervisory Authority
As used in this order: (1) The term "subchapter III" shall mean subchapter III of Chapter 7 of Title 2 of the Canal Zone Code (76A Stat. 16-20).
Lyndon B. Johnson Post-Graduate Legal • 6m
EO 11170 Aug 18, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11170—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a board to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Lyndon B. Johnson Post-Graduate Legal • 6m
EO 11169 Aug 18, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11169—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a board, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Lyndon B. Johnson Post-Graduate Legal • 5m
EO 11168 Aug 18, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11168—Creating an Emergency Board to Investigate Disputes Between the Carriers Represented by the National Railway Labor Conference and Certain of Their Employees
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby create a board, to be appointed by me, to investigate these disputes. No member of the board shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier.
Lyndon B. Johnson Post-Graduate Legal • 6m
📜
Scholarly & Legal Citations
Exec. Order No. 11,167 (Aug. 15, 1964), https://executiveordersarchive.org/orders/app-executive-order-11167-setting-aside-for-the-use-the-united-states-certain-public-lands-and.
