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Executive Order 7576 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 7576—Restoring Lands to Territory of Hawaii for Road Purposes and Reserving Lands for Military Purposes, Schofield Barracks, Hawaii

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Monday, March 15, 1937
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5 min read (979 words)

Executive Brief • At a Glance

⏱️ 5 min read (979 words) • ● In Effect
🎯 Primary Mandate

I. The following-described parcels of land comprising a part of the Schofield Barracks Military Reservation, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL I Beginning at the most northerly corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which corner the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 79 is 171°54', 2,065.84 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west.

⚖️ 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 Franklin D. Roosevelt on March 15, 1937, this order concerns Restoring Lands to Territory of Hawaii for Road Purposes and Reserving Lands for Military Purposes, Schofield Barracks, Hawaii. I. The following-described parcels of land comprising a part of the Schofield Barracks Military Reservation, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL I Beginning at the most northerly corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from…

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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I. The following-described parcels of land comprising a part of the Schofield Barracks Military Reservation, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL I Beginning at the most northerly corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which corner the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 79 is 171°54', 2,065.84 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west.

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Thence from said initial point, by true azimuths and distances, as follows: 351°54', 1,183.36 feet, along Land Court Application 1000 (amended), to a point: 161°46'30", 334.59 feet, along the new west side of Kamehameha Highway, to a point; On a curve to the right along the same, with a radius of 1,969.86 feet, long chord azimuth and distance being 166°39'20", 335.19 feet, to a point; 187°44'08", 123.07 feet, along the present east side of Kamehameha Highway, to a point; On a curve to the left along the same, with a radius of 1,472,50 feet, long chord azimuth and distance being 179°49'04", 405.68 feet, to the point of beginning.

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PARCEL II Beginning at the northeast corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which corner the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 79 is 171°54', 3,253.96 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west.

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The following-described parcels of land, being portions of the Honolulu- Waialua Road (Kamehameha Highway) within the external boundaries of the Schofield Barracks Military Reservation, are hereby reserved and set apart for military purposes as a part of the said Reservation: PARCEL A Beginning at the most northerly corner of the parcel of land on the present west side of Kamehameha Highway, from which corner the azimuths (measured clockwise from true south) and distances of a traverse to United States Military Reservation Monument No. 79 are: (a) 261°54', 80.0 feet, and (b) 171°54', 2,065.84 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18…

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
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
979
5,982 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
7.7
Grade 8
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas it is deemed desirable and in the public interest that certain lands comprising a part of the Schofield Barracks Military Reservation, Territory of Hawaii, be restored to the Territory of Hawaii for road purposes, and that certain other lands within the external boundaries of the Reservation now being used by the Territory of Hawaii for road purposes be made a part of the said Reservation: 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 as follows: I. The following-described parcels of land comprising a part of the Schofield Barracks Military Reservation, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes: PARCEL I Beginning at the most northerly corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which corner the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 79 is 171°54', 2,065.84 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west. Thence from said initial point, by true azimuths and distances, as follows: 351°54', 1,183.36 feet, along Land Court Application 1000 (amended), to a point: 161°46'30", 334.59 feet, along the new west side of Kamehameha Highway, to a point; On a curve to the right along the same, with a radius of 1,969.86 feet, long chord azimuth and distance being 166°39'20", 335.19 feet, to a point; 187°44'08", 123.07 feet, along the present east side of Kamehameha Highway, to a point; On a curve to the left along the same, with a radius of 1,472,50 feet, long chord azimuth and distance being 179°49'04", 405.68 feet, to the point of beginning. The tract as described contains an area of 1.195 acres, more or less. PARCEL II Beginning at the northeast corner of the parcel of land, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which corner the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 79 is 171°54', 3,253.96 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west. Thence from said initial point, by true azimuths and distances, as follows: 351°54', 2,820.77 feet, along Land Court Application 1000 (amended), to a point, from which the azimuth and distance to United States Military Reservation Monument No. 80 is 351°54', 34.47 feet; On a curve to the right with a radius of 1,245.92 feet, along the new west side of Kamehameha Highway, long chord azimuth and distance being 162°01'21", 528.82 feet, to a point; 174°16'30", 1,901.38 feet, along the same to a point; On a curve to the left with a radius of 1,809.86 feet, long chord azimuth and distance being 168°01'30", 394.07 feet, to a point; 251°46'30", 39.16 feet, along jog of new Kamehameha Highway, to the point of beginning. The tract as described contains an area of 3.177 acres, more or less. II. The following-described parcels of land, being portions of the Honolulu- Waialua Road (Kamehameha Highway) within the external boundaries of the Schofield Barracks Military Reservation, are hereby reserved and set apart for military purposes as a part of the said Reservation: PARCEL A Beginning at the most northerly corner of the parcel of land on the present west side of Kamehameha Highway, from which corner the azimuths (measured clockwise from true south) and distances of a traverse to United States Military Reservation Monument No. 79 are: (a) 261°54', 80.0 feet, and (b) 171°54', 2,065.84 feet, the coordinates of Monument No. 79, referred to Government Survey Triangulation Station 'Waipio-Uka' being 11,014.79 feet north and 5,678.18 feet west. Thence from said initial point, by true azimuths and distances, along the new west side of Kamehameha Highway, the three following courses: 351°54', 233.82 feet, to a point; 81°54', 9.50 feet, along jog, to a point; 351°54', 109.55 feet, to a point; 7°43'20", 47.05 feet, along west side of present Kamehameha Highway, to a point; 97°44'08", 31.73 feet, to a point; On a curve to the left with a radius of 1,392.50 feet, long chord azimuth and distance being 176°49'04", 383.64 feet, to the point of beginning. The tract as described contains an area of 0.12 acres, more or less. PARCEL B Being a strip of land 40 feet wide, the center line of which is more particularly described as follows: Beginning at a point in the center line at the south end of the parcel, on the boundary between the United States Military Reservation and Land Court Application 1000 (amended), from which point the azimuth (measured clockwise from true south) and distance to United States Military Reservation Monument No. 80 is 182°36'40", 6.55 feet, the coordinates of Monument No. 80, referred to Government Survey Triangulation Station 'Waipio-Uka' being 4,966.54 feet north and 4,817.39 feet west. Thence from said initial point, by true azimuths and distances, along the center line of the present Kamehameha Highway (40 feet wide) the ten following courses: 109°55'48", 444.20 feet, to a point; 159°44'10", 183.80 feet, to a point; 209°07'56", 208.30 feet, to a point; 139°02'05", 414.60 feet, to a point; 173°38'45", 325.50 feet, to a point; 201°43'50", 505.90 feet, to a point; 156°57'40", 435.10 feet, to a point; 186°41'20", 477.90 feet, to a point; 165°16'45", 345.40 feet, to a point; 187°43'20", 769.94 feet, to a point in the new west side of Kamehameha Highway. The tract as described contains an area of 3.775 acres, more or less. FRANKLIN D ROOSEVELT The White House, March 15, 1937.

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Scholarly & Legal Citations

Exec. Order No. 7576 (Mar. 15, 1937), https://executiveordersarchive.org/orders/app-executive-order-7576-restoring-lands-territory-hawaii-for-road-purposes-and-reserving.