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Executive Orders Historical Archive
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Executive Order 6570 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 6570—Restoring to the Territory of Hawaii a Part of the Schofield Barracks Military Reservation

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Saturday, January 20, 1934
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2 min read (496 words)

Executive Brief • At a Glance

⏱️ 2 min read (496 words) • ● In Effect
🎯 Primary Mandate

The land hereinafter described, being a part of the military reservation of Schofield Barracks, situated in Waianae-Uka, District of Waianae, and ui Waikakalaua, District of Ewa, Island of Oahu, Territory of Hawaii, be and it is hereby restored to its previous status for use by the Territory of Hawaii as a right-of-way for the construction and maintenance thereon of a Territorial road or highway.

⚖️ 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 Sovereign State Governments & Localities 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 Franklin D. Roosevelt on January 20, 1934, this order concerns Restoring to the Territory of Hawaii a Part of the Schofield Barracks Military Reservation. The land hereinafter described, being a part of the military reservation of Schofield Barracks, situated in Waianae-Uka, District of Waianae, and ui Waikakalaua, District of Ewa, Island of Oahu, Territory of Hawaii, be and it is hereby restored to its previous status for use by the Territory of Hawaii as a right-of-way for the construction and maintenance thereon of a Territorial road or highway.

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 land hereinafter described, being a part of the military reservation of Schofield Barracks, situated in Waianae-Uka, District of Waianae, and ui Waikakalaua, District of Ewa, Island of Oahu, Territory of Hawaii, be and it is hereby restored to its previous status for use by the Territory of Hawaii as a right-of-way for the construction and maintenance thereon of a Territorial road or highway.

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The tract of land hereby restored to the Territory of Hawaii is a strip of land 100 foet wide extending for 50 feet on each side of the center line and is described as follows: Beginning at a point on the boundary line between concrete monuments nos. 96 and 97, Schofield Barracks Military Reservation, from which the azimuth (measured clockwise from true south) and distance to concrete monument no. 97 is 127°46'00"—61.40 ft.; from said concrete monument no. 97 the azimuth and distance to United States Coast and Geodetic Survey triangulation station "Maunauna" is 64°24'29"—10,528.94 ft.; thence 200°15'30"—599.35 ft.; On the curve to the right, with a radius of 955.37 ft., the chord of which bears 224°22'45"—780.84 ft.; 248°30'00"—217.74 ft.…

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The said tract of land shall revert to the jurisdiction and control of the War Department as part of the Schofield Barracks Military Reservation if not used by said Territory as a right-of-way for the construction of a road within 2 years from the date of this order, and sooner upon formal notification to the War Department by the Governor of Hawaii that the Territory of Hawaii does not desire to use or desires to discontinue the use of the said tract of land for the aforesaid purpose.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants
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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
30 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

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

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
496
2,927 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
11
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas the Territory of Hawaii desires to construct, under the provisions of title II of the National Industrial Recovery Act, approved June 16, 1933 (ch. 90, 48 Stat. 195, 200), a road from Schofield Barracks toward Ilonouliuli, in the District of Ewa, Island of Oahu, Territory of Hawaii, known as "military road no. 256" and also designated as "Federal aid route no. 3"; and Whereas a certain portion of the lands necessary for said road, as hereinafter described, was reserved for military purposes by Executive order dated July 20, 1899 (G.O. 147, A.G.O., Aug. 10, 1899), modified by Executive order dated November 15, 1909 (G.O. 242, W.D., Dec. 4, 1909), added to by Executive order dated August 23, 1910 (G.O. 172, W.D., Sept. 12, 1910), and the description thereof revised by Executive Order No. 2800, dated February 4, 1918; Now, Therefore , pursuant to section 91 of the act of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii" (ch. 339, 31 Stat. 141, 159), as amended by section 7 of the act of May 27, 1910 (ch. 258, 36 Stat. 443, 447), it is hereby ordered that the land hereinafter described, being a part of the military reservation of Schofield Barracks, situated in Waianae-Uka, District of Waianae, and ui Waikakalaua, District of Ewa, Island of Oahu, Territory of Hawaii, be and it is hereby restored to its previous status for use by the Territory of Hawaii as a right-of-way for the construction and maintenance thereon of a Territorial road or highway. The tract of land hereby restored to the Territory of Hawaii is a strip of land 100 foet wide extending for 50 feet on each side of the center line and is described as follows: Beginning at a point on the boundary line between concrete monuments nos. 96 and 97, Schofield Barracks Military Reservation, from which the azimuth (measured clockwise from true south) and distance to concrete monument no. 97 is 127°46'00"—61.40 ft.; from said concrete monument no. 97 the azimuth and distance to United States Coast and Geodetic Survey triangulation station "Maunauna" is 64°24'29"—10,528.94 ft.; thence 200°15'30"—599.35 ft.; On the curve to the right, with a radius of 955.37 ft., the chord of which bears 224°22'45"—780.84 ft.; 248°30'00"—217.74 ft. to the present southern boundary of Wright Avenue; Containing an area of 162,112 sq. ft., or 3.72 acres, more or less. The said tract of land shall revert to the jurisdiction and control of the War Department as part of the Schofield Barracks Military Reservation if not used by said Territory as a right-of-way for the construction of a road within 2 years from the date of this order, and sooner upon formal notification to the War Department by the Governor of Hawaii that the Territory of Hawaii does not desire to use or desires to discontinue the use of the said tract of land for the aforesaid purpose. FRANKLIN D. ROOSEVELT The White House, January 20, 1934.

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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. 6570 (Jan. 20, 1934), https://executiveordersarchive.org/orders/app-executive-order-6570-restoring-the-territory-hawaii-part-the-schofield-barracks-military.