Under the authority delegated to me in Section 41 of the Act of March 2, 1917, I hereby designate the Honorable Harvey M. Hutchison, Associate Justice of the Supreme Court of Porto Rico, as acting Judge of the District Court of the United States for Porto Rico for the months of September and October, 1929, during the absence on vacation of Honorable Ira K. Wells, Judge of the District Court of the United States for Porto Rico. During the incumbency of Judge Harvey M. Hutchison, and in accordance with said Section 41 of the Act of March 2, 1917, he is fully authorized and empowered to perform the duties of said office, and to sign all necessary papers and records as the acting Judge of said Court, without extra compensation. HERBERT HOOVER The White House, July 13, 1929.
Executive Order 5156—Designating Harvey M. Hutchison as Acting Judge of the District Court of the United States for Porto Rico
Executive Brief • At a Glance
I hereby designate the Honorable Harvey M. Hutchison, Associate Justice of the Supreme Court of Porto Rico, as acting Judge of the District Court of the United States for Porto Rico for the months of September and October, 1929, during the absence on vacation of Honorable Ira K. Wells, Judge of the District Court of the United States for Porto Rico.
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 July 13, 1929, this order concerns Designating Harvey M. Hutchison as Acting Judge of the District Court of the United States for Porto Rico. I hereby designate the Honorable Harvey M. Hutchison, Associate Justice of the Supreme Court of Porto Rico, as acting Judge of the District Court of the United States for Porto Rico for the months of September and October, 1929, during the absence on vacation of Honorable Ira K. Wells, Judge of the District Court of the United States for Porto Rico.
Key Directives & Operative Actions
I hereby designate the Honorable Harvey M. Hutchison, Associate Justice of the Supreme Court of Porto Rico, as acting Judge of the District Court of the United States for Porto Rico for the months of September and October, 1929, during the absence on vacation of Honorable Ira K. Wells, Judge of the District Court of the United States for Porto Rico.
During the incumbency of Judge Harvey M. Hutchison, and in accordance with said Section 41 of the Act of March 2, 1917, he is fully authorized and empowered to perform the duties of said office, and to sign all necessary papers and records as the acting Judge of said Court, without extra compensation.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
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.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 5156 (July 13, 1929), https://executiveordersarchive.org/orders/app-executive-order-5156-designating-harvey-m-hutchison-acting-judge-the-district-court-the.