Pursuant to section 91 of the act of Congress approved April 30, 1900 (31 Stat. 141, 159), 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. 443, 447), the military reservation of Bishops Point, island of Oahu, Territory of Hawaii, transferred to and placed under the control and jurisdiction of the War Department by an act of Congress approved July 9, 1918 (40 Stat. 861), is hereby enlarged by the addition thereto of a parcel of land containing 1.21 acres, more or less, between the said reservation and the established harbor line; so that the military reservation, as thus enlarged, will include all lands within the metes and bounds as follows: Beginning at concrete monument No. 4, said monument being located on the boundary line of Bishops Point Naval and Military Reservations, bearing 284° 44' 45"—208.80 feet from Bishops Point triangulation station, thence running by true azimuths and distances: 23° 49' 00"—177.71 feet along the wall to a brass plate, No. 5, in the middle of the sea wall; 135° 16' 00"—304.45 feet along the center line of the sea wall to brass plate No. 6 set in center of the sea wall; 180° 00' 00"—478.66 feet along the center line of the sea wall to brass plate No. 7; 290° 45' 00"—45.76 feet along the sea wall to a concrete monument, No. 1, on the boundary of Kunana-Halawa Subdivision; 293° 49' 00"—250.00 feet along same to concrete monument No. 2; 293° 49' 00"—180.75 feet along same to concrete monument No. 3; 23° 49' 00"—374.45 feet along the boundary of Bishops Point Naval Reservation to the point of beginning, containing an area of 4.21 acres, more or less. There is hereby reserved to the use of the Navy Department a right of way over the said military reservation from the remaining portion of the naval reservation on Bishops Point to and upon any landing which may be built from the shore of the military reservation to water of sufficient depth to permit naval launches to moor alongside of said landing. HERBERT HOOVER The White House, April 28, 1931.
Executive Order 5613 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 5613—Withdrawal of Lands for Addition to Bishops Point Military Reservation, Territory of Hawaii
Executive Brief • At a Glance
⏱️ 2 min read (367 words) •
● In Effect
🎯 Primary Mandate
The military reservation of Bishops Point, island of Oahu, Territory of Hawaii, transferred to and placed under the control and jurisdiction of the War Department by an act of Congress approved July 9, 1918 (40 Stat. 861), is hereby enlarged by the addition thereto of a parcel of land containing 1.21 acres, more or less, between the said reservation and the established harbor line; so that the military reservation, as thus enlarged, will include all lands within the metes and bounds as follows: Beginning at concrete monument No. 4, said monument being located on the boundary line of Bishops Point Naval and Military Reservations, bearing 284° 44' 45"—208.80 feet from Bishops Point triangulation station, thence running by true azimuths and…
⚖️ 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 Executive Departments & Federal Civil Servants
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 28, 1931, this order concerns Withdrawal of Lands for Addition to Bishops Point Military Reservation, Territory of Hawaii. The military reservation of Bishops Point, island of Oahu, Territory of Hawaii, transferred to and placed under the control and jurisdiction of the War Department by an act of Congress approved July 9, 1918 (40 Stat. 861), is hereby enlarged by the addition thereto of a parcel of land containing 1.21 acres, more or less, between the said reservation and the established harbor line; so that the military reservation…
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 military reservation of Bishops Point, island of Oahu, Territory of Hawaii, transferred to and placed under the control and jurisdiction of the War Department by an act of Congress approved July 9, 1918 (40 Stat. 861), is hereby enlarged by the addition thereto of a parcel of land containing 1.21 acres, more or less, between the said reservation and the established harbor line; so that the military reservation, as thus enlarged, will include all lands within the metes and bounds as follows: Beginning at concrete monument No. 4, said monument being located on the boundary line of Bishops Point Naval and Military Reservations, bearing 284° 44' 45"—208.80 feet from Bishops Point triangulation station, thence running by true azimuths and…
▪
There is hereby reserved to the use of the Navy Department a right of way over the said military reservation from the remaining portion of the naval reservation on Bishops Point to and upon any landing which may be built from the shore of the military reservation to water of sufficient depth to permit naval launches to moor alongside of said landing.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
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
Low Friction
Federalism & State Sovereignty
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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
367
2,107 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
8.4
Grade 8
Text size:
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📜 Art. II §2: Commander-in-Chief Supervisory Authority
The civil-service rules are hereby amended as indicated below. Rule VI, paragraph 1, is amended to read as follows by eliminating the sentence "Applicants for entrance examination who, because of disability, are entitled either to a pension by authorization of the Bureau of…
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📜
Scholarly & Legal Citations
Exec. Order No. 5613 (Apr. 28, 1931), https://executiveordersarchive.org/orders/app-executive-order-5613-withdrawal-lands-for-addition-bishops-point-military-reservation.
