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Executive Order 5607 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 5607—Correction in Description of Land Restored to the Territory of Hawaii

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Wednesday, April 22, 1931
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6 min read (1,113 words)

Executive Brief • At a Glance

⏱️ 6 min read (1,113 words) • ● In Effect
🎯 Primary Mandate

The description of those portions of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, contained in said Executive Order No. 5132, dated June 6, 1929, be, and the same is hereby, amended to read as follows: Parcel 1 , being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive order dated July 20, 1899, as modified by Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki, the direct azimuth and distance to station No. 3 being 191° 03' 59"— 53.14 feet, said station No. 3 being a standard brass plate cemented into the top…

⚖️ 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

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 April 22, 1931, this order concerns Correction in Description of Land Restored to the Territory of Hawaii. The description of those portions of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, contained in said Executive Order No. 5132, dated June 6, 1929, be, and the same is hereby, amended to read as follows: Parcel 1 , being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive order dated July 20, 1899, as modified by…

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 description of those portions of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, contained in said Executive Order No. 5132, dated June 6, 1929, be, and the same is hereby, amended to read as follows: Parcel 1 , being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive order dated July 20, 1899, as modified by Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki, the direct azimuth and distance to station No. 3 being 191° 03' 59"— 53.14 feet, said station No. 3 being a standard brass plate cemented into the top…

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Parcel 2 , being a portion of the Hawaii Arsenal Military Reservation, formerly known as the Hawaiian Ordnance Depot, said arsenal reservation being included in the Kahauiki Military Reservation (Fort Shafter) as described in Executive Order No. 2521, dated January 26, 1917, as modified by Executive Orders No. 3080, dated April 30, 1919; No. 3171, dated September 29, 1919; No. 4455, dated June 5, 1926; and by Territorial Executive Order No. 56, dated December 18, 191S; and more particularly described as follows: Beginning at standard concrete monument No. 31, as described in Executive Order No. 2521, dated January 26, 1917, the direct azimuth and distance to H. T. S. street monument near the east corner of the Pacific Guano & Fertilizer…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments
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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)
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"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
33 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

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
1,113
6,591 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
7.8
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas by Executive Order No. 5132, dated June 6, 1929, certain lands, being a portion of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, island of Oahu, Territory of Hawaii, were restored to their previous status for the use of the Territory of Hawaii for road purposes; Whereas the description of those portions of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, as given in said Executive Order No. 5132, dated June 6, 1929, has been found to be inaccurate, and a resurvey has been made of the said reservations: Now, therefore , pursuant to the authority vested in me by section 91 of the act of Congress approved April 30, 1900 (31 Stat. 141), entitled "An act to provide a government for the Territory of Hawaii," as amended by section 7 of the act of Congress approved May 27, 1910 (36 Stat. 447), it is hereby ordered that the description of those portions of the Kahauiki Military Reservation (Fort Shafter) and the Hawaii Arsenal Military Reservation, contained in said Executive Order No. 5132, dated June 6, 1929, be, and the same is hereby, amended to read as follows: Parcel 1 , being a portion of the Kahauiki Military Reservation (Fort Shafter) set aside for military purposes by Executive order dated July 20, 1899, as modified by Executive Order No. 2521, dated January 26, 1917, and more particularly described as follows: Beginning at an iron bolt on the boundary between the lands of Moanalua and Kahauiki, the direct azimuth and distance to station No. 3 being 191° 03' 59"— 53.14 feet, said station No. 3 being a standard brass plate cemented into the top of a large rock called "Pohakuakai" on the north side of King Street, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 11,305.38 feet north and 13,760.53 feet west and running by true azimuth (all azimuths being measured clockwise from the true south): 191° 03' 59"—44.77 feet albng the land of Moanalua to concrete monument No. K-2; On a curve to the right with a radius of 517.61 feet, the direct azimuth and distance being 275° 47' 04"—184.48 feet along remainder of Kahauiki Military Reservation to concrete monument No. K-3; 286° 03' 00"—193.77 feet along same to brass plate No. K-4, set in sidewalk in front of the guardhouse; On the curve to the right with a radius of 1,457.77 feet, the direct azimuth and distance being 300° 36' 30"—732.86 feet along same to concrete monument No. K-5; On the curve to the right with a radius of 1,441.01 feet, the direct azimuth and distance being 331° 36' 04"—815.47 feet along same to concrete monument No. K-6 on the Kahauiki-Hawaii Arsenal boundary; 15° 36' 01"—207.29 feet across King Street along Hawaii Arsenal boundary to concrete monument No. K-7, this monument being also monument No. 13 of the Hawaii Arsenal Military Reservation boundary; 171° 52' 36"—95.11 feet along remainder of Kahauiki Military Reservation to concrete monument No. K-8; On the curve to the left with a radius of 1,352.37 feet, the direct azimuth and distance being 153° 31' 15"—851.75 feet along same to concrete monument No. K-9; On the curve to the left with a radius of 1,371.77 feet, the direct azimuth and distance being 120° 36' 30"—6S9.64 feet along same to concrete monument No. K-10; 106° 03' 00"—193.77 feet along same to concrete monument No. K-ll; On the curve to the left with a radius of 431.61 feet, the direct azimuth and distance being 95° 18' 45"—160.83 feet along same to brass plate No. K-12, set in road; 84° 34' 30"—16.91 feet along same to concrete monument No. K-13; 191° 03' 59"—44.84 feet to the point of beginning, containing an area of 3.92 acres, more or less. Parcel 2 , being a portion of the Hawaii Arsenal Military Reservation, formerly known as the Hawaiian Ordnance Depot, said arsenal reservation being included in the Kahauiki Military Reservation (Fort Shafter) as described in Executive Order No. 2521, dated January 26, 1917, as modified by Executive Orders No. 3080, dated April 30, 1919; No. 3171, dated September 29, 1919; No. 4455, dated June 5, 1926; and by Territorial Executive Order No. 56, dated December 18, 191S; and more particularly described as follows: Beginning at standard concrete monument No. 31, as described in Executive Order No. 2521, dated January 26, 1917, the direct azimuth and distance to H. T. S. street monument near the east corner of the Pacific Guano & Fertilizer lot being 322° 25' 19"—656.50 feet, the coordinates of said concrete monument No. 31, referred to Government survey triangulation station "Punchbowl" being 9,349.84 feet north and 11,894.92 feet west and running by true azimuth (all azimuths being measured clockwise from the true south): 57° 17' 16"—68.9 feet across King Street to station No. K-2, marked by a 3-inch pipe set over a brass plate set in rock 1 foot below the ground surface; 139° 20' 30"—529.75 feet along remainder of Hawaii Arsenal Military Reservation to station No. K-3, marked by a brass plate cemented in edge of large boulder; On a curve to the right with a radius of 520.45 feet, the direct azimuth and distance being 155° 36' 30"—291.57 feet along the same to concrete monument No. K-4; 157° 42' 50"—6.24 feet along the same to concrete monument No. K-5; same being the monument No. 13 of Hawaii Arsenal Military Reservation boundary and No. K-7 of King Street right of way through Kahauiki Military Reservation; 195° 36' 01"—207.29 feet across King Street along Kahauiki Military Reservation boundary to concrete monument No. K-6; On a curve to the right, with a radius of 1,056.05 feet, the direct azimuth and distance being 349° 20' 40"—93.25 feet along remainder of Hawaii Arsenal Military Reservation to concrete monument No. K-7; 351° 52' 30"—102.63 feet along the same to a brass plate No. K-8, set in concrete on the hillside about 1 foot below the surface; On the curve to the left, with a radius of 434.45 feet, the direct azimuth and distance being 335° 36' 30"— 243.39 feet to concrete monument No. K-9; 319° 20' 30"—625.63 feet along the same to concrete monument No. K-10; On a curve to the left, with a radius of 20 feet, the direct azimuth and distance being 273° 41' 55"—28.60 feet to concrete monument No. K-ll; 48° 03' 21"—38.07 feet along northwest side of Middle Street to concrete monument No. K-12; 139° 16' 02"—107.20 feet along present northeast side of King Street to the point of beginning, containing an area of 1.896 acres, more or less. HERBERT HOOVER The White House, April 22, 1931.

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 5607 (Apr. 22, 1931), https://executiveordersarchive.org/orders/app-executive-order-5607-correction-description-land-restored-the-territory-hawaii.