Whereas section 91 of the act of Congress approved April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii" (31 Stat. 141), as amended by section 7 of the act approved May 27, 1910, 36 Stat. 443, authorizes the transfer to the Territory of Hawaii by direction of the President of the title to certain public property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898, 30 Stat. 750, and in the possession and use of the Territory of Hawaii for public purposes, or required for any such purposes; and Whereas title to certain public lands hereinafter described is required by the Territory of Hawaii for the public purpose of providing for the construction of a causeway to give the citizens of the Territory a safe way of passage along the coast line at the point where said lands are located; Now, Therefore, I, Franklin D. Roosevelt , President of the United States of America, by virtue of the power vested in me by section 91 of an act of Congress approved April 30, 1900, 31 Stat. 141, as amended by section 7 of an act approved May 27, 1910, 36 Stat. 443, do hereby transfer to the Territory of Hawaii the title to two parcels of land owned by the United States, situate at Kaalawai, Kapahulu, District of Honolulu, Island of Oahu, Territory of Hawaii, described as follows: PARCEL 1 Beginning at a point on seashore at high-water mark at the end of Course 37 of Land Court Application 1136, the coordinates of said point of beginning referred to Government Survey Trig. Station "Leahl" being 1076.52 feet South and 5421.15 feet East, and running by azimuths measured clockwise from true South; Along highwater mark for the following twenty-eight courses, the direct azimuths and distances from point to point along sea coast as described in said Land Court Application 1136 being as follows: 1. 271° 01' 19.00 feet; 2. 319° 43' 23.20 feet; 3. 247° 37' 36.80 feet; 4. 220° 00' 29.50 feet; 5. 250° 53' 16.50 feet; 6. 287° 08' 15.30 feet; 7. 324° 50' 13.80 feet; 8. 13° 30' 20.70 feet; 9. 319° 45' 16.20 feet; 10. 281° 12' 24.20 feet; 11. 322° 27' 17.20 feet; 12. 350° 31' 12.40 13. 307° 02' 31.80 feet; 14. 329° 02' 50.60 15. 332° 27' 28.80 feet; 16. 246° 45' 31.00 feet; 17. 193° 01' 19.90 feet; 18. 255° 18' 13.20 feet; 19. 227° 24' 32.10 feet; 20. 318° 22' 41.00 feet; 21. 331° 19' 48.40 feet; 22. 38° 05' 14.20 feet; 23. 80° 46' 18.40 feet; 24. 11° 37' 13.70 feet; 25. 345° 13' 19.60 feet; 26. 52° 59' 17.20 feet; 27. 5° 47' 26.30 feet; 28. 311° 56' 12.00 feet to the end of Course 9 Land Court Application 1136; thence 29. 128° 05' 405.92 feet to the point of beginning. AREA, 0.563 ACRE. PARCEL 2 Beginning at a point on seashore at high-water mark at the end of Course 9 of said Land Court Application 1136, the coordinates of said point of beginning referred to Government Survey Trig. Station "Leahl" being 1326.89 feet South and 5740.66 feet East, and running by azimuths measured clockwise from true South; Along hlghwater mark for the following five courses, the direct azimuths and distances from point to point along sea coast as described in said Land Court Application 1136 being as follows: 1. 268° 13' 11.20 feet; 2. 213° 40' 42.50 feet; 3. 306° 39' 29.60 feet; 4. 305° 48' 34.80 feet; 5. 16° 08' 13.20 feet to the end of Course 4 of Land Court Application 1136; thence 6. 100° 14' 84.40 feet to the point of beginning. AREA, 0.045 ACRE. FRANKLIN D ROOSEVELT The White House, June 16, 1938.
Executive Order 7911 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 5th Amend: Regulatory Execution with Due Process
Executive Order 7911—Transferring to the Territory of Hawaii Title to Certain Public Lands
Executive Brief • At a Glance
⏱️ 3 min read (637 words) •
● In Effect
🎯 Primary Mandate
I, Franklin D. Roosevelt , President of the United States of America, by virtue of the power vested in me by section 91 of an act of Congress approved April 30, 1900, 31 Stat. 141, as amended by section 7 of an act approved May 27, 1910, 36 Stat. 443, do hereby transfer to the Territory of Hawaii the title to two parcels of land owned by the United States, situate at Kaalawai, Kapahulu, District of Honolulu, Island of Oahu, Territory of Hawaii, described as follows: PARCEL 1 Beginning at a point on seashore at high-water mark at the end of Course 37 of Land Court Application 1136, the coordinates of said point of beginning referred to Government Survey Trig.
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
🏛️ Scope & Affected Sectors
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 June 16, 1938, this order concerns Transferring to the Territory of Hawaii Title to Certain Public Lands. I, Franklin D. Roosevelt , President of the United States of America, by virtue of the power vested in me by section 91 of an act of Congress approved April 30, 1900, 31 Stat. 141, as amended by section 7 of an act approved May 27, 1910, 36 Stat. 443, do hereby transfer to the Territory of Hawaii the title to two parcels of land owned by the United States, situate at Kaalawai, Kapahulu, District of Honolulu, Island…
Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.
Key Directives & Operative Actions
▪
I, Franklin D. Roosevelt , President of the United States of America, by virtue of the power vested in me by section 91 of an act of Congress approved April 30, 1900, 31 Stat. 141, as amended by section 7 of an act approved May 27, 1910, 36 Stat. 443, do hereby transfer to the Territory of Hawaii the title to two parcels of land owned by the United States, situate at Kaalawai, Kapahulu, District of Honolulu, Island of Oahu, Territory of Hawaii, described as follows: PARCEL 1 Beginning at a point on seashore at high-water mark at the end of Course 37 of Land Court Application 1136, the coordinates of said point of beginning referred to Government Survey Trig.
▪
Station "Leahl" being 1076.52 feet South and 5421.15 feet East, and running by azimuths measured clockwise from true South; Along highwater mark for the following twenty-eight courses, the direct azimuths and distances from point to point along sea coast as described in said Land Court Application 1136 being as follows: 1. 271° 01' 19.00 feet; 2. 319° 43' 23.20 feet; 3. 247° 37' 36.80 feet; 4. 220° 00' 29.50 feet; 5. 250° 53' 16.50 feet; 6. 287° 08' 15.30 feet; 7. 324° 50' 13.80 feet; 8. 13° 30' 20.70 feet; 9. 319° 45' 16.20 feet; 10. 281° 12' 24.20 feet; 11. 322° 27' 17.20 feet; 12. 350° 31' 12.40 13. 307° 02' 31.80 feet; 14. 329° 02' 50.60 15. 332° 27' 28.80 feet; 16. 246° 45' 31.00 feet; 17. 193° 01' 19.90 feet; 18. 255° 18' 13.20…
▪
Station "Leahl" being 1326.89 feet South and 5740.66 feet East, and running by azimuths measured clockwise from true South; Along hlghwater mark for the following five courses, the direct azimuths and distances from point to point along sea coast as described in said Land Court Application 1136 being as follows: 1. 268° 13' 11.20 feet; 2. 213° 40' 42.50 feet; 3. 306° 39' 29.60 feet; 4. 305° 48' 34.80 feet; 5. 16° 08' 13.20 feet to the end of Course 4 of Land Court Application 1136; thence 6. 100° 14' 84.40 feet to the point of beginning.
Constitutional & Societal Entities Impacted
🏛️ Private Citizens & Property Owners
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Defends Vigor & Dispatch
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
Anti-Federalist Stance: High Bill of Rights Scrutiny
📐
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
34 / 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
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
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
Moderate Friction
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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
637
3,524 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
3.9
Grade 4
Text size:
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 7914 Jun 16, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7914—Exemption of David A. Brodie From Compulsory Retirement for Age
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby exempt the said David A. Brodie from compulsory retirement for age for a period of one year ending July 31, 1939.
Franklin D. Roosevelt High School • 1m
EO 7913 Jun 16, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7913—Authorizing the Extension of Appointments of Certain Employees of the General Accounting Office
📜 Art. II §3: Administrative Management & Civil Service
The employees of the General Accounting Office whose continuance in the service until June 30, 1938, was authorized by Executive Order No. 7630 of June 8, 1937, may be further continued in the service for a period not to extend beyond June 30, 1939.
Franklin D. Roosevelt High School • 1m
EO 7912 Jun 16, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7912—Further Exemption of John H. Thomas From Compulsory Retirement for Age
📜 Art. II §1: Executive Discretion & Internal Operations
I hereby further exempt the said John H. Thomas from compulsory retirement for age for a period of one year ending September 30, 1939.
Franklin D. Roosevelt High School • 1m
EO 7910 Jun 16, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7910—Establishing an Airspace Reservation Over a Portion of the District of Columbia
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The airspace above the following-described portion of the District of Columbia is hereby reserved and set apart for national defense and other governmental purposes, and for public safety purposes, as an airspace reservation within which civil aircraft are forbidden to be…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7909 Jun 15, 1938
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 7909—Terminating the Powers, Rights, and Duties of the Special Mexican Claims Commission
📜 10th Amend: Intergovernmental Federalism Cooperation
I hereby terminate as of this date all powers, rights, and duties conferred upon the said Special Mexican Claims Commission by the said act of April 10, 1935, as amended by the said resolution of August 25, 1937.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 7908 Jun 9, 1938
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 7908—Transferring Certain Lands to the Secretary of Agriculture for Use, Administration, and Disposition Under Title III of the Bankhead-Jones Farm Tenant Act
📜 Art. II §1: Executive Discretion & Internal Operations
All the right, title, and interest of the United States in the lands so acquired or in process of acquisition, be, and they are hereby, transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the…
Franklin D. Roosevelt Post-Graduate Legal • 2m
📜
Scholarly & Legal Citations
Exec. Order No. 7911 (June 16, 1938), https://executiveordersarchive.org/orders/app-executive-order-7911-transferring-the-territory-hawaii-title-certain-public-lands.
