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Executive Order 5693 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 5693—Description of the Punchbowl Hill Military Reservation, Hawaii

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Monday, August 24, 1931
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5 min read (1,039 words)

Executive Brief • At a Glance

⏱️ 5 min read (1,039 words) • ● In Effect
🎯 Primary Mandate

The description of the Punchbowl Hill Military Reservation be, and the same is hereby, amended to read as follows: Beginning at a concrete monument No. 1, located at the head of Alapai Street, from which monument the azimuth (measured clockwise from the true south) and distance to Territory survey street monument "A" located on the corner of Alapai and Prospect Streets is 46° 37' 30", 329.55 feet; from said monument "A" the azimuth and distance to "Punchbowl" triangulation station is 183° 41' 03", 1,193.65 feet, thence by true azimuths and distances, as follows: 127° 10' 00", 177.60 feet along Land Court Application No. 591 to concrete monument No. 2; 175° 34' 10", 129.08 feet along land deed to Right Rev.

⚖️ 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 Private Citizens & Property Owners

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 August 24, 1931, this order concerns Description of the Punchbowl Hill Military Reservation, Hawaii. The description of the Punchbowl Hill Military Reservation be, and the same is hereby, amended to read as follows: Beginning at a concrete monument No. 1, located at the head of Alapai Street, from which monument the azimuth (measured clockwise from the true south) and distance to Territory survey street monument "A" located on the corner of Alapai and Prospect Streets is 46° 37' 30", 329.55 feet; from said…

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 the Punchbowl Hill Military Reservation be, and the same is hereby, amended to read as follows: Beginning at a concrete monument No. 1, located at the head of Alapai Street, from which monument the azimuth (measured clockwise from the true south) and distance to Territory survey street monument "A" located on the corner of Alapai and Prospect Streets is 46° 37' 30", 329.55 feet; from said monument "A" the azimuth and distance to "Punchbowl" triangulation station is 183° 41' 03", 1,193.65 feet, thence by true azimuths and distances, as follows: 127° 10' 00", 177.60 feet along Land Court Application No. 591 to concrete monument No. 2; 175° 34' 10", 129.08 feet along land deed to Right Rev.

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G. Ropert to concrete monument No. 3; 60° 20' 30", 160.90 feet along the same to concrete monument No. 4; Thence on a curve to the left, with a radius of 137.23 feet, 155.29 feet along the curve, the azimuth and distance of long chord being 145° 50' 40", 147.14 feet, along the land restored to the Territory of Hawaii by Executive Order No. 2253, dated October 6, 1915, to concrete monument No. 5; Thence on a curve to the right, with a radius of 120.05 feet, 152.55 feet along the curve, the azimuth and distance of long chord being 150° 09' 40", 142.49 feet along the same, to concrete monument No. 6; Thence on a curve to the left, with a radius of 229.65 feet, 235.40 feet along the curve, the azimuth and distance of long chord being 157° 11'…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Private Citizens & Property Owners
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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
38 / 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

Moderate Friction

Engages state and local partners in cooperative federalism programs.

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
1,039
5,807 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
5.9
Grade 6
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas by Executive Order No. 395-A, dated January 18, 1906 (G. O. 21, W. D. 1906), 157.50 acres of public lands at Punchbowl Hill, Territory of Hawaii, were withdrawn from sale, entry, or other disposition, for military purposes; and Whereas by Executive Order No. 1531, dated May 11, 1912, the military reservation was reduced by restoring to its previous status for use by the Territory of Hawaii, solely for park purposes, 117.74 acres, more or less, subject to right of way over any roads then existing or thereafter constructed; and Whereas by Executive Order No. 2253, dated October 6, 1915, the said military reservation was further reduced by releasing to the Territory of Hawaii 4.41 acres, more or less, subject to rights of way for all purposes by the United States over any roads then existing or thereafter constructed; and Whereas by Executive Order No. 5157, dated July 16, 1929, the restriction "solely for park purposes" on the land restored to the Territory of Hawaii by said Executive Order No. 1531, dated May 11, 1912, was removed; and Whereas by Executive Order No. 5265, dated January 24, 1930, the said military reservation was further reduced by restoring to its previous status for use of the Territory of Hawaii 11,634 square feet (0.267 acres), more or less; and Whereas a recent survey of the said military reservation has developed discrepancies in former descriptions of this reservation; Now, therefore , pursuant to the authority vested in me by section 91 of the act of Congress approved April 30, 1900 (31 Stat. 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. 447), it is hereby ordered that the description of the Punchbowl Hill Military Reservation be, and the same is hereby, amended to read as follows: Beginning at a concrete monument No. 1, located at the head of Alapai Street, from which monument the azimuth (measured clockwise from the true south) and distance to Territory survey street monument "A" located on the corner of Alapai and Prospect Streets is 46° 37' 30", 329.55 feet; from said monument "A" the azimuth and distance to "Punchbowl" triangulation station is 183° 41' 03", 1,193.65 feet, thence by true azimuths and distances, as follows: 127° 10' 00", 177.60 feet along Land Court Application No. 591 to concrete monument No. 2; 175° 34' 10", 129.08 feet along land deed to Right Rev. G. Ropert to concrete monument No. 3; 60° 20' 30", 160.90 feet along the same to concrete monument No. 4; Thence on a curve to the left, with a radius of 137.23 feet, 155.29 feet along the curve, the azimuth and distance of long chord being 145° 50' 40", 147.14 feet, along the land restored to the Territory of Hawaii by Executive Order No. 2253, dated October 6, 1915, to concrete monument No. 5; Thence on a curve to the right, with a radius of 120.05 feet, 152.55 feet along the curve, the azimuth and distance of long chord being 150° 09' 40", 142.49 feet along the same, to concrete monument No. 6; Thence on a curve to the left, with a radius of 229.65 feet, 235.40 feet along the curve, the azimuth and distance of long chord being 157° 11' 55", 225.23 feet along the same, to concrete monument No. 7; 309° 34' 30", 13.98 feet along the land restored to the Territory of Hawaii by Executive Order No. 5265, dated January 24, 1930, to concrete monument No. 7-1; 131° 19' 00", 65.81 feet along the same, to concrete monument No. 7-2; Thence on a curve to the right, with a radius of 126.0 feet, 155.44 feet along the curve, the azimuth and distance of long chord being 166° 39' 30", 145.77 feet along the same, to concrete monument No. 7-3; 202° 00' 00", 75.0 feet along the same, to a point not marked, located in a volcanic cinder slide; Thence on a curve to the left, with a radius of 270.00 feet, 70.37 feet along the curve, the azimuth and distance of long chord being 194° 32' 00", 70.17 feet along the same to concrete monument No. 7-5; 187° 04' 00", 176.67 feet along the same, to concrete monument No. 7-6; Thence on a curve to the left, with a radius of 300.73 feet, 136.26 feet along the curve, the azimuth and distance of long chord being 174° 05' 10", 135.10 feet along the same, to concrete monument No. 13; Thence on a curve to the right, with a radius of 170.00 feet, 68.37 feet along the curve, the azimuth and distance of long chord being 172° 37' 40", 67.91 feet, along the land restored to the Territory of Hawaii by Executive Order No. 2253, dated October 6, 1915, to concrete monument No. 14; 184° 09' 00", 205.00 feet along the same, to concrete monument No. 15; Thence on a curve to the right, with a radius of 51.25 feet, 49.23 feet along the curve, the azimuth and distance of long chord being 211° 40' 00", 47.36 feet along the same, to concrete monument No. 16; Thence on a curve to the left, with a radius of 273.00 feet, 154.56 feet along the curve, the azimuth and distance of long chord being 222° 58' 00", 152.50 feet along the same to concrete monument No. 17; 315° 24' 00", 516.32 feet to concrete monument No. 18, located on the rim of the crater; 315° 15' 00", 1,451.00 feet along the National Guard reservation to concrete monument No. 19, located on the rim of the crater; 347° 21' 40", 205.07 feet to concrete monument No. 20; 44° 40' 00", 129.00 feet along grants Nos. 8088 and 8084 to concrete monument No. 21; 43° 43' 00", 86.00 feet along grant No. 6719 to concrete monument No. 22; 67° 31' 00", 131.60 feet along grant No. 9266 to concrete monument No. 23; 43° 35' 00", 142.50 feet along grant No. 9085 to concrete monument No. 24; 111° 11' 00", 689.60 feet to the point of beginning. The tract as described contains an area of 35.17 acres, more or less. HERBERT HOOVER The White House, August 24, 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. 5693 (Aug. 24, 1931), https://executiveordersarchive.org/orders/app-executive-order-5693-description-the-punchbowl-hill-military-reservation-hawaii.