Whereas the Territory of Hawaii is desirous of realigning, widening, and improving certain portions of the road right of ways through the Schofield Barracks Military Reservation, which were described as exceptions in Part III of Executive Order No. 2800, the strip of land described in Section I hereof is hereby declared available for such road right-of-way purposes in substitution for those portions of the right of ways referred to in Part III, Executive Order No. 2800, described in Section II hereof. Section I Being portion of Schofield Barracks Military Reservation, Executive Order No. 2800, dated February 4, 1918. WAIANAE-UKA, OAHU, T.H. Being a strip of land 80 feet wide extending for 40 feet on each side of the center line, which is described as follows: Beginning at a point on the north boundary of Schofield Barracks Military Reservation at monument 40, the coordinates of said point of beginning referred to Government Survey triangulation station "Maili" being 11,008.8 feet south and 21,981.2 feet east, and running by true azimuths: 1. 8° 03' 30"— 76.52 feet; 2. 350° 11' 30"—4,718.07 feet, the direct azimuth and distance to monument 79 being 261° 53' 12"—40.0 feet from the end of said course 2; 3. 351° 53' 12"—2,065.84 feet; 4. Thence on a curve to the right with a radius of 1,432.5 feet, the chord azimuth and distance being 359° 48' 16"—394.66 feet, the direct azimuth and distance from station 10, as described in Part III(ba), Executive Order No. 2800, to end of above course being 186° 39'-— 799.29 feet, containing an area of 13.327 acres. Section II Portions of road reserves described in Parts III(6a) and 111(66) in Executive Order No. 2800, dated February 4, 1918. WAIANAE-UKA, OAHU, T.H. Parcel 1 : Portion of the Honolulu-Waialua Road, 40 feet wide, through Schofield Barracks Military Reservation—Waianae-Uka, Oahu, T. H. Being a strip of land 40 feet wide, as described in Part III(ba), Executive Order No. 2800, dated February 4, 1918, and extending for 20 feet on each side of the center line, described as follows: Beginning at a point on said center line, the direct azimuth and distance from station 10 as described in said Part III(ba) being 187° 43' 20"—867.6 feet, and running by true azimuths: 1. 187° 43' 20"—224.50 feet to station R-l on the Schofield Barracks Military Reservation boundary between monuments 79 and 80, the direct azimuth and distance from said station R-l to monument 80 being 351° 53' 12"—3,930.2 feet. Area 0.206 acre. Parcel 2 : Portion of the Honolulu-Waialua Road, 40 feet wide, through Schofield Barracks Military Reservation, Waianae-Uka, Oahu, T.H. Being a strip of land 40 feet wide, as described in Part III(ba) of Executive Order No. 2800, dated February 4, 1918, and extending for 20 feet on each side of the center line, which is described as follows: Beginning at a point on said center line, the direct azimuth and distance from station 11, as described in Part III(ba), Executive Order No. 2800, being 316° 39' 05"—945.7 feet, and running by true azimuths: 1. 316° 39' 05"—93.8 feet to station R-2 on the Schofield Barracks Military Reservation boundary between monuments 79 and 80, the direct azimuth and distance from said station R-2 to said monument 79 being 171° 53' 12"—1,559.6 feet. Area 0.086 acre. Parcel 3 : Portion of the Wahiawa-Waikakalaua Road, 40 feet wide, through Schofield Barracks Military Reservation—Waianae-Uka, Oahu, T.H. Being a strip of land 40 feet wide, as described in Part I1I(bb), Executive Order No. 2800, dated February 4, 1918, and extending for 20 feet on each side of the center line, which is described as follows: Beginning at a point on the north boundary of Schofield Barracks Military Reservation at monument 40 (Paka), the coordinates of said monument referred to Government Survey triangulation station "Maili" being 1,008.8 feet south and 21,981.2 feet east, and running by true azimuths: 1. 350° 14' 06"— 22.9 feet to station B; 2. 350° 21' 33"—4,769.2 feet to station C, the direct azimuth and distance to USMR monument 79 being 262° 49' 35"—25.7 feet; 3. 352° 14' 39"—1,465.7 feet to station D. Area 5.746 acres. HERBERT HOOVER The White House, January 4, 1932.
Executive Order 5771 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 5771—Road Right of Way, Schofield Barracks Military Reservation, Hawaii
Executive Brief • At a Glance
⏱️ 3 min read (694 words) •
● In Effect
🎯 Primary Mandate
Whereas the Territory of Hawaii is desirous of realigning, widening, and improving certain portions of the road right of ways through the Schofield Barracks Military Reservation, which were described as exceptions in Part III of Executive Order No. 2800, the strip of land described in Section I hereof is hereby declared available for such road right-of-way purposes in substitution for those portions of the right of ways referred to in Part III, Executive Order No. 2800, described in Section II hereof.
⚖️ 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 January 4, 1932, this order concerns Road Right of Way, Schofield Barracks Military Reservation, Hawaii. Whereas the Territory of Hawaii is desirous of realigning, widening, and improving certain portions of the road right of ways through the Schofield Barracks Military Reservation, which were described as exceptions in Part III of Executive Order No. 2800, the strip of land described in Section I hereof is hereby declared available for such road right-of-way purposes in substitution for those portions of the right of…
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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Whereas the Territory of Hawaii is desirous of realigning, widening, and improving certain portions of the road right of ways through the Schofield Barracks Military Reservation, which were described as exceptions in Part III of Executive Order No. 2800, the strip of land described in Section I hereof is hereby declared available for such road right-of-way purposes in substitution for those portions of the right of ways referred to in Part III, Executive Order No. 2800, described in Section II hereof.
▪
WAIANAE-UKA, OAHU, T.H. Being a strip of land 80 feet wide extending for 40 feet on each side of the center line, which is described as follows: Beginning at a point on the north boundary of Schofield Barracks Military Reservation at monument 40, the coordinates of said point of beginning referred to Government Survey triangulation station "Maili" being 11,008.8 feet south and 21,981.2 feet east, and running by true azimuths: 1. 8° 03' 30"— 76.52 feet; 2. 350° 11' 30"—4,718.07 feet, the direct azimuth and distance to monument 79 being 261° 53' 12"—40.0 feet from the end of said course 2; 3. 351° 53' 12"—2,065.84 feet; 4.
▪
Thence on a curve to the right with a radius of 1,432.5 feet, the chord azimuth and distance being 359° 48' 16"—394.66 feet, the direct azimuth and distance from station 10, as described in Part III(ba), Executive Order No. 2800, to end of above course being 186° 39'-— 799.29 feet, containing an area of 13.327 acres.
▪
WAIANAE-UKA, OAHU, T.H. Parcel 1 : Portion of the Honolulu-Waialua Road, 40 feet wide, through Schofield Barracks Military Reservation—Waianae-Uka, Oahu, T. H. Being a strip of land 40 feet wide, as described in Part III(ba), Executive Order No. 2800, dated February 4, 1918, and extending for 20 feet on each side of the center line, described as follows: Beginning at a point on said center line, the direct azimuth and distance from station 10 as described in said Part III(ba) being 187° 43' 20"—867.6 feet, and running by true azimuths: 1. 187° 43' 20"—224.50 feet to station R-l on the Schofield Barracks Military Reservation boundary between monuments 79 and 80, the direct azimuth and distance from said station R-l to monument 80 being…
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
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
📐
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
26 / 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
Low Friction
Due Process & Individual Rights
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
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
694
4,193 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
8.2
Grade 8
Text size:
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📜
Scholarly & Legal Citations
Exec. Order No. 5771 (Jan. 4, 1932), https://executiveordersarchive.org/orders/app-executive-order-5771-road-right-way-schofield-barracks-military-reservation-hawaii.
