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Executive Order 5119 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 5119—Reserving Certain Described Lands in Hawaii for Military Purposes

Herbert Hoover Herbert Hoover
•
Friday, May 17, 1929
•
2 min read (371 words)

Executive Brief • At a Glance

⏱️ 2 min read (371 words) • ● In Effect
🎯 Primary Mandate

The said Executive Order No. 3885, dated July 27, 1923, be and the same is hereby amended with respect to the description of the tracts of land at Keaau Ridge and Kaena Point, so as to read as follows: Land at Keaau Ridge, Keaau, Waianae, Oahu.

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
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 Herbert Hoover on May 17, 1929, this order concerns Reserving Certain Described Lands in Hawaii for Military Purposes. The said Executive Order No. 3885, dated July 27, 1923, be and the same is hereby amended with respect to the description of the tracts of land at Keaau Ridge and Kaena Point, so as to read as follows: Land at Keaau Ridge, Keaau, Waianae, Oahu. Beginning at the U.S.C. & G.S. Trig. Station Kepuhi New, said point is by true azimuth and distance to U.S.C. & G.S. Trig.

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 said Executive Order No. 3885, dated July 27, 1923, be and the same is hereby amended with respect to the description of the tracts of land at Keaau Ridge and Kaena Point, so as to read as follows: Land at Keaau Ridge, Keaau, Waianae, Oahu.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments

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
26 / 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

Low Friction

Confined strictly to internal federal jurisdiction, federal property, or direct military command.

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
371
2,032 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
4.9
Grade 5
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas , by Executive Order No. 3885, dated July 27, 1923, a certain right of way and three tracts of land on the Island of Oahu, in the Territory of Hawaii, were withdrawn and set aside for military purposes, and Whereas , it has been determined by recent survey of the tract of land at Keaau Ridge and the one at Kaena Point that the descriptions thereof as set forth in said Executive Order No. 3885 are erroneous, and Whereas , it is desired that said Executive Order be amended so as to accurately describe said tracts of land; Now, Therefore , it is hereby ordered that the said Executive Order No. 3885, dated July 27, 1923, be and the same is hereby amended with respect to the description of the tracts of land at Keaau Ridge and Kaena Point, so as to read as follows: Land at Keaau Ridge, Keaau, Waianae, Oahu. Beginning at the U.S.C. & G.S. Trig. Station Kepuhi New, said point is by true azimuth and distance to U.S.C. & G.S. Trig. Station Lahilahi 338° 46' 48"-9842.5 feet, and thence running by true azimuths and distances, as follows: 20° 04' 00"- 50.7 feet to a concrete monument No. 1, thence 62° 09' 00"- 99.4 feet to a concrete monument No. 2, thence 172° 21' 00"-119.1 feet to a concrete monument No. 3, thence 281° 12' 00"-123.6 feet to the point of beginning, containing an area of .881 acres, more or less. Land at Kaena Point, Portions of Government Lands of Kuaokala and Kaena, Waialua, Oahu. Beginning at a concrete monument No. 1, said point is by true azimuths and distances to the following U.S.C. & G.S. Trig. Stations: Kaena 99° 29' 55"- 2761.3 Ft Kepuhi New 333° 03' 10"-35644.0 ft. and thence running by true azimuths and distances, as follows: 202° 12' 00"- 82.50 feet along Govt, land to Mon. No. 2, thence 94° 44' 00"-184.60 feet along Govt. Land to Mon. No. 3, thence 358° 23' 00"- 59.25 feet along Govt. Land to Mon. No. 4, thence 282° 12' 00"—154.58 feet along Govt. Land to the point of beginning, containing an area of .268 acres, more or less. HERBERT HOOVER The White House, May 17, 1929.

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Scholarly & Legal Citations 

Exec. Order No. 5119 (May 17, 1929), https://executiveordersarchive.org/orders/app-executive-order-5119-reserving-certain-described-lands-hawaii-for-military-purposes.