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 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— Kapalama Military Reservation Portion Of Tract D Land situated at Kaliawa and Mokauea, Kalihi, Honolulu, Oahu, Hawaii. Being portions of the former Kaliawa Fishery (Territorial Condemnation Law No. 16653) and the former Mokauea Fishery (Territorial Condemnation Law No. 16696). Beginning at the south corner of this piece of land, also being on the easterly boundary of Sand Island Access Road, the coordinates of said point of beginning from Government Survey Triangulation Station "Punchbowl" being 1,718.21 feet North and 13,602.01 feet West, thence running by azimuths measured clockwise from true South: 1. 154°00'20" 1,561.35 feet along the easterly boundary of Sand Island Access Road 2. 247°21' 64.77 feet along U.S. Civil Action 504; 3. 277°54' 17.30 feet along U.S. Civil Action 504; 4. 310°35' 62.70 feet along U.S. Civil Action 496; 5. 318°35' 47.50 feet along U.S. Civil Action 496; 6. 288°00' 80.00 feet along U.S. Civil Action 496; 7. 264°40' 28.08 feet along U.S. Civil Action 496; 8. 339°50' 148.44 feet along U.S. Civil Action 496; 9. 336°21' 199.76 feet along U.S. Civil Action 496; 10. 323°05' 111.00 feet along U.S. Civil Action 496; 11. 301°02' 30.84 feet along U.S. Civil Action 496; 12. 279°21' 128.30 feet along U.S. Civil Action 496; 13. 265°10' 168.85 feet along U.S. Civil Action 496; 14. 264°03' 90.10 feet along U.S. Civil Action 496; 15. 355°06' 94.36 feet along U.S. Civil Action 469; 16. 353°22' 159.69 feet along U.S. Civil Action 469; 17. 350°46' 285.65 feet along U.S. Civil Action 469; 18. 345°53' 154.93 feet along U.S. Civil Action 469; 19. 340°27' 30" 67.53 feet along U.S. Civil Action 469; 20. 64°00'20" 352.96 feet to the beginning and containing an area of 11.36 acres, more or less. LYNDON B. JOHNSON The White House, August 19, 1964.
Executive Order 11172 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 11172—Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Kapalama Military Reservation, Hawaii
Executive Brief • At a Glance
⏱️ 2 min read (406 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 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— Kapalama Military Reservation Portion Of Tract D Land situated at Kaliawa and Mokauea, Kalihi, Honolulu, Oahu, Hawaii.
⚖️ 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 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 19, 1964, this order concerns Setting Aside for the Use of the United States Certain Public Lands and Other Public Property Located at the Kapalama Military Reservation, Hawaii. 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— Kapalama Military…
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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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— Kapalama Military Reservation Portion Of Tract D Land situated at Kaliawa and Mokauea, Kalihi, Honolulu, Oahu, Hawaii.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ 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
"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
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
406
2,415 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
5.4
Grade 5
Text size:
Related Executive Orders
Other executive actions signed by Lyndon B. Johnson around this period.
EO 11173 Aug 20, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 11173—Amending Executive Order No. 11073, Relating to Federal Salary Administration
📜 Art. II §3: Administrative Management & Civil Service
Section 301 of Executive Order No. 11073 of January 2, 1963, entitled "Providing for Federal Salary Administration," is hereby amended by inserting "(a)" immediately after "Section 301" and by adding at the end thereof a new subsection (b) as follows: "(b) The Civil Service…
Lyndon B. Johnson Post-Graduate Legal • 1m
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
EO 11167 Aug 15, 1964
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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
📜 5th Amend: Regulatory Execution with Due Process
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…
Lyndon B. Johnson High School • 3m
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Scholarly & Legal Citations
Exec. Order No. 11,172 (Aug. 19, 1964), https://executiveordersarchive.org/orders/app-executive-order-11172-setting-aside-for-the-use-the-united-states-certain-public-lands-and.
