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Executive Order 7024 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 7024—Restoring Certain Lands to the Territory of Hawaii

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Monday, April 22, 1935
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4 min read (718 words)

Executive Brief • At a Glance

⏱️ 4 min read (718 words) • ● In Effect
🎯 Primary Mandate

The lands within the following-described boundaries, situated on the southeast slope of Punchbowl, Kewalo, Honolulu, Oahu, Territory of Hawaii, be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PARCEL 1 Being a strip of land 60 ft. wide required for the New Punchbowl Road.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities

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 April 22, 1935, this order concerns Restoring Certain Lands to the Territory of Hawaii. The lands within the following-described boundaries, situated on the southeast slope of Punchbowl, Kewalo, Honolulu, Oahu, Territory of Hawaii, be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PARCEL 1 Being a strip of land 60 ft. wide required for the New Punchbowl Road.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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The lands within the following-described boundaries, situated on the southeast slope of Punchbowl, Kewalo, Honolulu, Oahu, Territory of Hawaii, be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PARCEL 1 Being a strip of land 60 ft. wide required for the New Punchbowl Road.

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On a curve to the left with a radius of 686.8 it., along the south side of the proposed New Punchbowl Road, the direct azimuth and distance being 144°56'33", 153.33 ft.; 2. 138°32', 105.64 ft., along the south side of proposed New Punchbowl Road; 3.

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Thence on a curve to the left with a radius of 448.3 ft. along same, the direct azimuth and distance being 109°47', 431.25 ft.; 4. 81°02' 112.39 ft., along the south side of proposed New Punchbowl Road; 5. 180°00', 60.74 ft., along Territorial Government land; 6. 261°02', 102.93 ft., along the north side of proposed New Punchbowl Road; 7.

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Thence on a curve to the right with a radius of 508.30 ft. along same, the direct azimuth and distance being 289°47', 488.97 ft.; 8. 318º32', 105.64 ft., along the north side of proposed New Punchbowl Road; 9.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities
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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 1 (Maximum Authority)
§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
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.

🛡️ High Constitutional Concordance
23 / 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

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates in close harmony with statutory authority and standard Article II supervisory execution.

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
718
4,101 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
8
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas the absolute fee and ownership of the following-described lands were ceded to the United States by the Government of the Republic of Hawaii and accepted by joint resolution of Congress approved July 7, 1898 (30 Stat. 750); and Whereas such lands, together with other lands, were set apart by Executive order of January 5, 1900, for the use of the United States Treasury Department as a site for a United States Marine-Hospital; and Whereas such lands are now required by the Territory of Hawaii for the construction of & highway, to be known as the New Punchbowl Road; Now, Therefore , by virtue of and pursuant to the authority vested in me by section 91 of the act of April 30, 1900 (31 Stat. 159), as amended by section 7 of the act of May 27, 1910 (36 Stat. 447), it is ordered that the lands within the following-described boundaries, situated on the southeast slope of Punchbowl, Kewalo, Honolulu, Oahu, Territory of Hawaii, be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PARCEL 1 Being a strip of land 60 ft. wide required for the New Punchbowl Road. Beginning at a point in the middle of the gully near the east end of this parcel of land and on the south side of proposed New Punchbowl Road (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 1,150.59 ft. south and 2,912.28 ft. east, and running by azimuths measured clockwise from true south: 1. On a curve to the left with a radius of 686.8 it., along the south side of the proposed New Punchbowl Road, the direct azimuth and distance being 144°56'33", 153.33 ft.; 2. 138°32', 105.64 ft., along the south side of proposed New Punchbowl Road; 3. Thence on a curve to the left with a radius of 448.3 ft. along same, the direct azimuth and distance being 109°47', 431.25 ft.; 4. 81°02' 112.39 ft., along the south side of proposed New Punchbowl Road; 5. 180°00', 60.74 ft., along Territorial Government land; 6. 261°02', 102.93 ft., along the north side of proposed New Punchbowl Road; 7. Thence on a curve to the right with a radius of 508.30 ft. along same, the direct azimuth and distance being 289°47', 488.97 ft.; 8. 318º32', 105.64 ft., along the north side of proposed New Punchbowl Road; 9. Thence on a curve to the right with a radius of 746.8 ft. along same the direct azimuth and distance being 323°10', 120.65 ft.; 10. 360°00', 22.11 ft., along the west side of old Punchbowl Drive; 11. 342°07', 76.48 ft., along same to middle of gully; 12. 110°02', 23.84 ft., along middle of gully; 13. 120°47', 35.27 ft., along middle of gully to the point of beginning, containing an area of 51,833 sq. ft., or 1.19 acres. PARCEL 1-A Being that portion of the United States Marne Hospital Reservation situate on the south side of the New Punchbowl Road (60 ft. wide). Beginning at a point in the middle of the gully at the east end of this parcel of land and on the south side of proposed New Punchbowl Road (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 1,150.59 ft. south and 2,912.28 ft. east, and running by azimuths measured clockwise from true south: Along the middle of the gully for the first six courses, the direct azimuths and distances between points in the middle of said gully being: 1. 120°47', 77.03 ft.; 2. 146°30', 117.00 ft.; 3. 127°35', 58.00 ft.; 4. 147°50', 86.00 ft.; 5. 105°35'30", 197.70 ft.; 6. 74°50', 271.35 ft.; thence 7. 180°00', 105.80 ft., along Territorial Government land; 8. 261°02; 112.39 ft., along the south side of proposed New Punchbowl Road; 9. Thence along same on a curve to the right with a radius of 448.3 ft., the chord azimuth and distance being 289°47',431.25 ft.; 10. 318°32', 105.64 ft., along the south side of proposed New Punchbowl Road; 11. Thence along same on a curve to the right with a radius of 686.8 ft., the direct azimuth and distance being 324°56'33", 153.33 ft., to the point of beginning. FRANKLIN D. ROOSEVELT The White House, April 22, 1935.

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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. 7024 (Apr. 22, 1935), https://executiveordersarchive.org/orders/app-executive-order-7024-restoring-certain-lands-the-territory-hawaii.