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 following-described parcel of land, situate at Kahauiki, Oahu, Territory of Hawaii, be, and it is hereby, restored to its previous status for the use of the Territory of Hawaii in connection with the extension of Middle Street by the diversion of Kahauiki Stream, and to provide for road to Mokumoa Island: Beginning at the west corner of the tract, on the seashore of Mokumoa Island, the coordinates of which, referred to Government Survey Triangulation Station "Salt Lake", are 9,435.9 feet south and 5,615.8 feet east (which comer is identical with the south corner of the tract described in Executive Order No. 5521, dated December 26, 1930); from this comer the azimuth (measured clockwise from true south) and distance to Pipe "Cyril", at the end of course 68 of Land Court Application 1074, is 312°17', 107.78 feet; Thence from said initial point by true azimuths and distances as follows: 241°30', 15.0 feet, to a point; 206°47', 18.88 feet, to a point; 348°50', 57.55 feet, to a point on the seashore of Mokumoa Island; Thence along the seashore of Mokumoa Island, which is the boundary between the lands of Kahauiki and Moanalua, the direct azimuth and distance being 134°40', 46.17 feet to the point of beginning. The direction of the lines refer to the true meridian, and all azimuths were measured clockwise from true south. The tract as described contains an area of 806 square feet and is shown on drawing C.F.S. No. 7316-7320 entitled: "Proposed Canal (50 feet wide) for Diversion of Kahauiki Stream in connection with Middle Street Extension Project (King Street to Dillingham Boulevard) Kahauiki and Moanalua, Honolulu, Oahu, T. H." (scale 1 inch equals 40 feet), dated November 13, 1934, on file in the office of the Survey Department, Territory of Hawaii. FRANKLIN D ROOSEVELT The White House, March 27, 1937.
Executive Order 7588 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 7588—Restoring to the Territory of Hawaii a Portion of the Fort Shafter Military Reservation
Executive Brief • At a Glance
⏱️ 2 min read (349 words) •
● In Effect
🎯 Primary Mandate
The following-described parcel of land, situate at Kahauiki, Oahu, Territory of Hawaii, be, and it is hereby, restored to its previous status for the use of the Territory of Hawaii in connection with the extension of Middle Street by the diversion of Kahauiki Stream, and to provide for road to Mokumoa Island: Beginning at the west corner of the tract, on the seashore of Mokumoa Island, the coordinates of which, referred to Government Survey Triangulation Station "Salt Lake", are 9,435.9 feet south and 5,615.8 feet east (which comer is identical with the south corner of the tract described in Executive Order No. 5521, dated December 26, 1930); from this comer the azimuth (measured clockwise from true south) and distance to Pipe "Cyril", at…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
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 March 27, 1937, this order concerns Restoring to the Territory of Hawaii a Portion of the Fort Shafter Military Reservation. The following-described parcel of land, situate at Kahauiki, Oahu, Territory of Hawaii, be, and it is hereby, restored to its previous status for the use of the Territory of Hawaii in connection with the extension of Middle Street by the diversion of Kahauiki Stream, and to provide for road to Mokumoa Island: Beginning at the west corner of the tract, on the seashore of Mokumoa Island, the coordinates of which…
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 following-described parcel of land, situate at Kahauiki, Oahu, Territory of Hawaii, be, and it is hereby, restored to its previous status for the use of the Territory of Hawaii in connection with the extension of Middle Street by the diversion of Kahauiki Stream, and to provide for road to Mokumoa Island: Beginning at the west corner of the tract, on the seashore of Mokumoa Island, the coordinates of which, referred to Government Survey Triangulation Station "Salt Lake", are 9,435.9 feet south and 5,615.8 feet east (which comer is identical with the south corner of the tract described in Executive Order No. 5521, dated December 26, 1930); from this comer the azimuth (measured clockwise from true south) and distance to Pipe "Cyril", at…
Constitutional & Societal Entities Impacted
🏛️ Executive Departments & Federal Civil Servants
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
31 / 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
Moderate Friction
Executive Scope & Faithfulness
Directs internal executive branch machinery, agency workflows, and federal personnel.
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
349
2,042 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
10.4
High School
Text size:
Related Executive Orders
1 order cited directly in this text, plus related actions from this administration.
EO 5521 Dec 26, 1930
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 5521—Restoring to the Government of the Territory of Hawaii Portions of the Military Reservations of Fort Shafter and Hawaii Arsenal
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following described parcels of land, situate at Kahauiki, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii in the proposed extension of Middle Street: Parcel 1 , being a strip of land along the northerly side of…
Herbert Hoover Grade 8 • 7m
EO 7589 Mar 27, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7589—Partial Revocation of Executive Order No. 4914 of June 23, 1928, Withdrawing Public Lands
📜 Art. II §1: Executive Discretion & Internal Operations
WYOMING By virtue of and pursuant to the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, Executive Order No. 4914 of June 23, 1928, withdrawing, together with other lands, the public…
Franklin D. Roosevelt Grade 7 • 1m
EO 7587 Mar 27, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7587—Authorizing Certain Employees of the National Labor Relations Board To Acquire a Competitive Classified Civil Service Status
📜 Art. II §3: Administrative Management & Civil Service
The employees, exclusive of the attorneys, examiners, regional directors, and an executive secretary, who were transferred, pursuant to the provisions of section 4(b) of the National Labor Relations Act, approved July 5, 1935 (49 Stat. 449), from the National Labor Relations…
Franklin D. Roosevelt High School • 1m
EO 7592 Mar 29, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7592—Authorizing the Appointment of Mrs. Etta May Gilley to a Position in the Postal Service Without Regard to the Civil Service Rules
📜 Art. II §3: Administrative Management & Civil Service
Mrs. Etta May Gilley may be appointed to an appropriate position in the Postal Service of the Post Office Department without regard to her competitive standing on the register of civil service eligibles.
Franklin D. Roosevelt High School • 1m
EO 7591 Mar 29, 1937
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7591—Exemption of Reinhardt Thiessen From Compulsory Retirement for Age
📜 10th Amend: Intergovernmental Federalism Cooperation
Exempt Reinhardt Thiessen from the provisions thereof and continue him in the service until June 1, 1938.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7590 Mar 29, 1937
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7590—Partial Revocation of Executive Order No. 6119 of May 2, 1933, Withdrawing Public Lands
📜 Art. II §1: Executive Discretion & Internal Operations
CALIFORNIA By virtue of and pursuant to the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, as amended by the act of August 24, 1912, ch. 369, 37 Stat. 497, Executive Order No. 6119 of May 2, 1933, withdrawing, together with other lands, the public…
Franklin D. Roosevelt Grade 7 • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 7588 (Mar. 27, 1937), https://executiveordersarchive.org/orders/app-executive-order-7588-restoring-the-territory-hawaii-portion-the-fort-shafter-military.
