Pursuant to section 91 of the act of Congress approved April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii" (31 Stat. 159), as amended by section 7 of the act of Congress approved May 27, 1910 (36 Stat. 447), all land at Keaahala, Kaneohe, Koolaupoko, island of Oahu, Territory of Hawaii, withdrawn and set aside for military purposes by Executive Order No. 2075 of November 9, 1914, and subsequently known as the Keaahala Military Reservation, which has not heretofore been restored by Executive Orders No. 4036 of June 26, 1924, and No. 4143 of January 28, 1925, is, subject to the exception, reversion, and service of water supply set forth below, hereby restored to its previous status for the use of the Territory of Hawaii. 1. The excepted tract of land which is still retained for military purposes is described as follows: Beginning at concrete monument No. 7 of the Keaahala Military Reservation, situated in a deep ditch on the west boundary and thence running by true azimuths and distances as follows: 145° 38' 00"—264.65 feet along the road to a point marked by a 1½-inch iron bolt on the south boundary of a road right of way described in Executive Order No. 4143, dated January 28, 1925. 236° 05' 00"—1,657.25 feet along the said right of way to a 1-inch pipe. 347° 28' 00"—188.25 feet to the top of ridge to concrete monument No. 10. 341° 58' 00"—383.10 feet along the ridge to concrete monument No. 11. 47° 29' 00"—1,228.10 feet over saddle to concrete monument No. 12. 115° 57' 05"—535.96 feet down side of hill to the point of beginning. Area 21.79 acres, more or less. The above-described land is subject to a 10-foot right of way for an irrigation ditch reserved to the Territory of Hawaii and described in Executive Order No. 2075, dated November 9, 1914. This right of way crosses the remaining portion of the United States Military Reservation, containing an area of .15 of an acre. Gross areas of the tract ----------------- 21.79 acres Area of irrigation ditch ----------------- .15 " Net area ------------------------------ 21.64 " 2. There is retained to the United States the reversion set forth in the Executive order of January 28, 1925, supra, in event the land described therein ceases to be used as a roadway. 3. There is reserved to the United States the right to obtain, out of the source of water supply at Spring Reserve Lot, all the water needed for military purposes on the portion of the Keaahala Military Reservation being retained by the Federal Government, which water supply shall be furnished by the government of the Territory of Hawaii without expense to the United States. 4. Except in so far as the same will have application to use by the Federal Government of the tracts of land indicated in paragraphs 1 and 2 hereof, the reservations and restrictions incorporated in Executive order of June 26, 1924, supra, are hereby vacated. HERBERT HOOVER The White House, June 4, 1931.
Executive Order 5637—Restoring to the Territory of Hawaii a Part of the Keaahala Military Reservation
Executive Brief • At a Glance
All land at Keaahala, Kaneohe, Koolaupoko, island of Oahu, Territory of Hawaii, withdrawn and set aside for military purposes by Executive Order No. 2075 of November 9, 1914, and subsequently known as the Keaahala Military Reservation, which has not heretofore been restored by Executive Orders No. 4036 of June 26, 1924, and No. 4143 of January 28, 1925, is, subject to the exception, reversion, and service of water supply set forth below, hereby restored to its previous status for the use of the Territory of Hawaii. 1.
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 June 4, 1931, this order concerns Restoring to the Territory of Hawaii a Part of the Keaahala Military Reservation. All land at Keaahala, Kaneohe, Koolaupoko, island of Oahu, Territory of Hawaii, withdrawn and set aside for military purposes by Executive Order No. 2075 of November 9, 1914, and subsequently known as the Keaahala Military Reservation, which has not heretofore been restored by Executive Orders No. 4036 of June 26, 1924, and No. 4143 of January 28, 1925, is, subject to the exception, reversion, and service of water…
Key Directives & Operative Actions
All land at Keaahala, Kaneohe, Koolaupoko, island of Oahu, Territory of Hawaii, withdrawn and set aside for military purposes by Executive Order No. 2075 of November 9, 1914, and subsequently known as the Keaahala Military Reservation, which has not heretofore been restored by Executive Orders No. 4036 of June 26, 1924, and No. 4143 of January 28, 1925, is, subject to the exception, reversion, and service of water supply set forth below, hereby restored to its previous status for the use of the Territory of Hawaii. 1.
There is reserved to the United States the right to obtain, out of the source of water supply at Spring Reserve Lot, all the water needed for military purposes on the portion of the Keaahala Military Reservation being retained by the Federal Government, which water supply shall be furnished by the government of the Territory of Hawaii without expense to the United States. 4.
Except in so far as the same will have application to use by the Federal Government of the tracts of land indicated in paragraphs 1 and 2 hereof, the reservations and restrictions incorporated in Executive order of June 26, 1924, supra, are hereby vacated.
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
"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.
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.
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. 5637 (June 4, 1931), https://executiveordersarchive.org/orders/app-executive-order-5637-restoring-the-territory-hawaii-part-the-keaahala-military-reservation.