★
Executive Orders Historical Archive
Cite
Executive Order 7176 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7176—Restoring Certain Lands to the Territory of Hawaii

•
Friday, September 6, 1935
•
11 min read (2,126 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,126 words) • ● In Effect
🎯 Primary Mandate

The lands within the following-described boundaries, situated on the east 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-B Nehoa Street Extension (60 ft. wide) being a portion of the land set aside as a United States Marine Hospital Reservation.

⚖️ 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 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 September 6, 1935, this order concerns Restoring Certain Lands to the Territory of Hawaii. The lands within the following-described boundaries, situated on the east 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-B Nehoa Street Extension (60 ft. wide) being a portion of the land set aside as a United States Marine Hospital Reservation.

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

▪

The lands within the following-described boundaries, situated on the east 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-B Nehoa Street Extension (60 ft. wide) being a portion of the land set aside as a United States Marine Hospital Reservation.

▪

On a curve to the left with a radius of 214.91 ft., along the proposed north side of Nehoa Street Extension, the direct azimuth and distance being 299°55'05", 137.20 ft.; 2. 360°00', 80.86 ft. along westerly side of old Punchbowl Drive; 3.

▪

Thence on a curve to the left with a radius of 746.8 ft., along the proposed northeast side of Prospect Street Extension, the direct azimuth and distance being 143°10', 120.65 ft.; 4. 138°32', 70.36 ft. along the proposed northeast side of Prospect Street Extension to the point of beginning, containing an area of 3,235 sq. ft.

▪

Thence along same, on a curve to the left with a radius of 50.0 ft., the direct azimuth and distance being 45°52'16", 59.94 ft.; 5.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities
🏛️

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)
§

"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
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%).
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
2,126
12,557 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
7.3
Grade 7
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas the absolute fee to the following-described lands was granted 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 one of these tracts was set apart by Executive order of January 5, 1900, for the use of the United States Department of the Treasury for a United States Marine Hospital, and the other tracts were set apart by Executive order of March 25, 1910, for the use of the Department of Agriculture for an experiment station; and Whereas these lands are no longer needed for said purposes, but are needed by the Territory of Hawaii for the construction of a highway: 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. 141, 159), as amended by section 7 of the act of May 27, 1910 (36 Stat. 443, 447), it is ordered that the lands within the following-described boundaries, situated on the east 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-B Nehoa Street Extension (60 ft. wide) being a portion of the land set aside as a United States Marine Hospital Reservation. Beginning at the northwest corner of this parcel of land, on the proposed northeast side of Prospect Street Extension (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 932.63 ft. south and 2,822.57 ft. east, and running by azimuths measured clockwise from true south: 1. On a curve to the left with a radius of 214.91 ft., along the proposed north side of Nehoa Street Extension, the direct azimuth and distance being 299°55'05", 137.20 ft.; 2. 360°00', 80.86 ft. along westerly side of old Punchbowl Drive; 3. Thence on a curve to the left with a radius of 746.8 ft., along the proposed northeast side of Prospect Street Extension, the direct azimuth and distance being 143°10', 120.65 ft.; 4. 138°32', 70.36 ft. along the proposed northeast side of Prospect Street Extension to the point of beginning, containing an area of 3,235 sq. ft. PARCEL 2 Being a portion of the land of Kewalo, set aside as an experiment station for the use of the United States Department of Agriculture, but now required for Nehoa Street Extension (60 ft. wide) and Pensacola Street Extension (60 ft. wide). Beginning at the northwest corner of this parcel of land on the proposed north side of Nehoa Street Extension (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 843.66 ft. south and 3,260.62 ft. east, and running by azimuths measured clockwise from true south: 1. 258°30', 184.37 ft. along U.S. Navy Hospital Reservation to middle of stream bed; 2. 2°05', 10.32 ft. along middle of stream bed; 3. 82°42', 20.83 ft. along proposed south side of Nehoa Street; 4. Thence along same, on a curve to the left with a radius of 50.0 ft., the direct azimuth and distance being 45°52'16", 59.94 ft.; 5. Thence on a curve to the right with a radius of 694.20 ft. along the proposed east side of Pensacola Street Extension, the direct azimuth and distance being 18°59'43", 239.98 ft.; 6. 79°00', 81.06 ft. along middle of gully; 7. Thence on a curve to the left with a radius of 634.20 ft., along the proposed west side of Pensacola Street Extension, the direct azimuth and distance being 205°58'47", 169.42 ft.; 8. Thence on a curve to the left with a radius of 20.0 ft., the direct azimuth and distance being 126°29'07", 38.00 ft.; 9. 54°40', 147.87 ft. along the proposed south side of Nehoa Street Extension; 10. Thence along same on a curve to the right with a radius of 274.91 ft., the direct azimuth and distance being 69°22'23", 139.58 ft.; 11. Thence along same on a curve to the left with a radius of 50.0 ft., the direct azimuth and distance being 28°21'09", 82.64 ft.; 12. Thence on a curve to the right with a radius of 746.8 ft., along the proposed northeast side of Prospect Street Extension, the direct azimuth and distance being 334° 32'38", 50.00 ft.; 13. 99°22', 29.64 ft. along middle of gully; 14. 162°07', 76.48 ft. along United States Marine Hospital Reservation; 15. 180°00', 102.97 ft. along same; 16. Thence on a curve to the left with a radius of 214.91 ft., along the proposed north side of Nehoa Street Extension, the direct azimuth and distance being 257°59'05", 170.14 ft.; 17. 234°40', 118.32 ft. along the proposed north side of Nehoa Street Extension; 18. Thence along same on a curve to the left with a radius of 269.46 ft., the direct azimuth and distance being 226°23'03", 77.63 ft. to the point of beginning, containing an area of 47,832 sq. ft. PARCEL 2-A Being that portion of the land set aside for an experiment station between the east side of the new Pensacola Street Extension (60 ft. wide) and Kanaha Stream. Beginning at the southwest corner of this parcel of land on the proposed east side of Pensacola Street Extension (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 1,088.51 ft. south and 3,299.12 ft. east, and running by azimuths measured clockwise from true south: 1. On a curve to the left with a radius of 694.2 ft., along the proposed east side of Pensacola Street Extension, the direct azimuth and distance being 198°59'43", 239.98 ft.; 2. Thence on a curve to the right with a radius of 50.0 ft., the direct azimuth and distance being 225°52'16", 59.94 ft.; 3. 262°42', 20.83 ft. along the proposed south side of Nehoa Street to middle of stream bed; 4. 2°05', 177.96 ft. along middle of stream bed; 5. 13°10', 72.26 ft. along same to middle of gully; 6. 79°00', 121.09 ft. along middle of gully to the point of beginning, containing an area of 20,320 sq. ft. (or 0.47 acre). PARCEL 3 Being a portion of the land of Kewalo formerly set aside as a United States Navy Hospital Reservation and now under the control of the United States Department of Agriculture, but required for Pensacola Street Extension (60 ft. wide). Beginning at the southwest corner of this parcel of land, on the proposed west side of Pensacola Street Extension, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 843.66 ft. south and 3,260.62 ft. east, and running by azimuths measured clockwise from true south: 1. On a curve to the left with a radius of 269.46 ft. along the proposed west side of Pensacola Street Extension, the direct azimuth and distance being 193°06'33", 227.69 ft.; 2. 168°07', 205.48 ft. along proposed west side of Pensacola Street Extension; 3. Thence along same on a curve to the right with a radius of 1,462.69 ft., the direct azimuth and distance being 172°18'30", 213.83 ft.; 4. 176°30', 279.55 ft. along proposed west side of Pensacola Street Extension; 5. Thence along same on a curve to the left with a radius of 1,116.28 ft., the direct azimuth and distance being 172°10'45", 168.20 ft.; 6. 270°00', 61.30 ft. along land set aside for an experiment station under the control of the U.S. Department of Agriculture; 7. Thence on a curve to the right with a radius of 1,146.28 ft., along the proposed east side of Pensacola Street Extension, the direct azimuth and distance being 352°29'35", 164.39 ft.; 8. 356°30', 279.55 ft. along proposed east side of Pensacola Street Extension; 9. Thence along same on a curve to the left with a radius of 1,402.69 ft., the direct azimuth and distance being 352°18'30", 205.05 ft.; 10. 348°07', 205.48 ft. along proposed east side of Pensacola Street Extension; 11. Thence along same on a curve to the right with a radius of 694.2 ft., the direct azimuth and distance being 352°41'50", 110.88 ft.; 12. Thence on a curve to the left with a radius of 50.0 ft., the direct azimuth and distance being 309°59'20", 73.48 ft.; 13. 262°42', 9.99 ft. along the proposed north side of Nehoa Street to middle of stream bed; 14. 19°40', 28.05 ft. along middle of stream bed; 15. 2°05', 15.02 ft. along middle of stream bed; 16. 78°30', 184.37 ft. along land set aside for an experiment station under the control of the U.S. Department of Agriculture, to the point of beginning, containing an area of 71,248 sq. ft. PARCEL 3-A Being a portion of the land formerly set aside as a U.S. Navy Hospital Reservation and now under the control of the U.S. Department of Agriculture. Situate between the proposed east side of Pensacola Street Extension and Kanaha Stream. Beginning at the southeast corner of this parcel of land, on the proposed north side of Nehoa Street, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 765.48 ft. south and 3,451.28 ft. east, and running by azimuths measured clockwise from true south: 1. 82°42', 9.99 ft. along the proposed north side of Nehoa Street; 2. Thence on a curve to the right with a radius of 50.0 ft., the direct azimuth and distance being 129°59'20", 73.48 ft.; 3. Thence along the proposed east side of Pensacola Street Extension on a curve to the left with a radius of 694.2 ft., the direct azimuth and distance being 172°41'50", 110.88 ft.; 4. 168°07', 205.48 ft. along proposed east side of Pensacola Street Extension; 5. Thence along same on a curve to the right with a radius of 1,402.69 ft., the direct azimuth and distance being 172°18'30", 205.05 ft.; 6. 176°30', 279.55 ft. along proposed east side of Pensacola Street Extension; 7. 263°38', 71.63 ft. along remainder of U.S. Navy Hospital Reservation to middle of stream bed; 8. 17°28', 160.45 ft. along middle of stream bed; 9. 338°20', 54.10 ft. along same; 10. 10°58', 71.90 ft. along same; 11. 354°54', 136.60 ft. along same; 12. 339°41', 188.40 ft. along same; 13. 325°53', 48.40 ft. along same; 14. 348°20', 179.80 ft. along same; 15. 4°12', 44.50 ft. along same to the point of beginning, containing an area of 31,286 sq. ft. (or 0.72 acre). PARCEL 4 Being a portion of the land of Kewalo, set aside as an experiment station for the use of the United States Department of Agriculture, but now required for Pensacola Street Extension (60 ft. wide), southeast of Territorial Quarry Reservation. Beginning at the northwest corner of this parcel of land, on the proposed west side of Pensacola Street Extension (60 ft. wide), the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 487.26 ft. north and 3,115.32 ft. east, and running by azimuths measured clockwise from true south: 1. 224°53', 63.40 ft. along Territorial Government Quarry Reservation; 2. Thence on a curve to the right with a radius of 1,176.28 ft. along the proposed east side of Pensacola Street Extension, the direct azimuth and distance being 340°50'48", 312.75 ft.; 3. 90°00', 61.30 ft. along U.S. Navy Hospital Reservation, now under the control of the U.S. Department of Agriculture; 4. Thence on a curve to the left with a radius of 1,116.28 ft. along the proposed west side of Pensacola Street Extension, the direct azimuth and distance being 161°02'39", 264.89 ft. to the point of beginning, containing an area of 17,377 sq. ft. PARCEL 5 Being portion of the land of Kewalo, set aside as an experiment station for the use of the United States Department of Agriculture, but now required for Pensacola Street Extension (100 ft. wide) northwest of Territorial Quarry Reservation. Beginning at the northwest corner of this parcel of land, on the proposed west side of Pensacola Street Extension (100 ft. wide), the true azimuth and distance to a 1½-in. pipe at the south corner of lot 2, Papakolea Squatters' Reserve Tract, being 51°12', 51.71 ft., and the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl" being 1,167.96 ft. north and 2,597.17 ft. east, and running by azimuths measured clockwise from true south: 1. 231°12', 100.03 ft. along land of Auwaiolimu, along lot 2, Papakolea Squatters' Reserve Tract; 2. 322°30', 424.68 ft. along proposed northwest side of Pensacola Street Extension; 3. 53°20', 97.96 ft. along Territorial Government Quarry Reservation; 4. 360°20', 3.35 ft. along Territorial Government Quarry Reservation; 5. 142°30', 423.64 ft. along proposed southwest side of Pensacola Street Extension to the point of beginning, containing an area of 42,288 sq. ft. FRANKLIN D. ROOSEVELT The White House, September 6, 1935.

📜

Scholarly & Legal Citations

Exec. Order No. 7176 (Sept. 6, 1935), https://executiveordersarchive.org/orders/app-executive-order-7176-restoring-certain-lands-the-territory-hawaii.