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Executive Order 9671 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 9671—Restoring Certain Lands to the Territory of Hawaii

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Saturday, December 29, 1945
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11 min read (2,204 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,204 words) • ● In Effect
🎯 Primary Mandate

The lands within the following-described boundaries be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PART 1-Land situate on the northwest side of Auwaiolimu Street and north of Nehoa Street, Honolulu, Oahu.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities 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 Harry S Truman on December 29, 1945, this order concerns Restoring Certain Lands to the Territory of Hawaii. The lands within the following-described boundaries be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PART 1-Land situate on the northwest side of Auwaiolimu Street and north of Nehoa Street, Honolulu, Oahu.

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 be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PART 1-Land situate on the northwest side of Auwaiolimu Street and north of Nehoa Street, Honolulu, Oahu.

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Thence continuing along the east side of Punchbowl Drive in all its turns and windings to the Auwaiolimu-Kewalo boundary, the direct azimuth and distance being 181°48'30'' 886.26 feet; 39. 231°12' 20.00 feet along the Auwaiolimu-Kewalo boundary to the point of beginning.

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Thence following up along the middle of small gully, the direct azimuth and distance being 71°13' 238.76 feet to the point of beginning.

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AREA 0.826 ACRE PART 3-Being portion of the Government Land of Kewalo-uka set aside for the purpose of Establishing and Maintaining an Agricultural Experiment Station by Proclamation of Acting Governor H. E. Cooper dated June 10, 1901.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

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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.

⚖️ Discretionary Twilight Zone
36 / 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

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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 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
2,204
13,005 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
7
Grade 7
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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WHEREAS the following-described lands in the Territory of Hawaii were set aside for the uses and purposes of the United States Department of Agriculture as an experiment station by proclamation of the Acting Governor of Hawaii, Henry E. Cooper, dated June 10, 1901; by proclamation of the Governor of Hawaii, J. B. Poindexter, dated April 6, 1937; by proclamation of the Governor of Hawaii, W. R. Farrington, dated June 15, 1925; and by Presidential Executive Order No. 1181, dated March 25, 1910; and WHEREAS these lands are no longer needed for the uses and purposes of the United States Department of Agriculture as an experiment station, but are needed by the Territory of Hawaii for use, together with other adjacent lands already in control of that government, as home sites for the people of Hawaii:

NOW, THEREFORE, #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 be, and they are hereby, restored to the possession, use, and control of the Government of the Territory of Hawaii: PART 1-Land situate on the northwest side of Auwaiolimu Street and north of Nehoa Street, Honolulu, Oahu. Beginning at a 1 ½ inch galvanized iron pipe on the boundary between the lands of Auwiolimu and Kewalo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 1135.50 feet North and 2556.80 feet East, as shown on Government Survey Registered May 2985, and running thence by azimuths measured clockwise from True South:-- 1. 231°12' 51.71 feet along the Auwaiolimu-Kwalo boundary to the southwest side of Auwaiolimu Street; 2. 322°30' 493.99 fee along the southwest side of Auwaiolimu Street; 3. 232°30' 20.00 feet along the southwest side of Auwaiolimu Street; 4. 322°30' 134.55 feet along the southwest side of Auwaiolimu Street; 5. Thence on a curve to the right with a radius of 1116.28 feet, along same, the chord azimuth and distance being 339°30' 652.74 feet; 6. 356°30' 279.55 feet along the west side of Auwaiolimu Street; 7. Thence on a curve to the left with a radius of 1462.69 feet, along same, the chord azimuth and distance being 352°18'30'' 213.83 feet; 8. 348°07' 202.37 feet along the west side of Auwaiolimu Street; 9. Thence on a curve to the right with a radius of 269.46 feet, along same, and along the northwest side of Nehoa Street, the chord azimuth and distance being 21°23'30'' 295.68 feet; 10. 54°40' 117.00 feet along the northwest side of Nehoa Street; 11. Thence on a curve to the right with a radius of 214.91 feet, along same, to the south side of Punchbowl Drive, the chord azimuth and distance being 74°27'15'' 145.60 feet; 12. 216°40' 9.68 feet along Punchbowl Drive; 13. 257°20' 120.00 feet along same; 14. 178°30' 65.00 feet along same; 15. 145°00' 25.00 feet along same; 16. 95°10' 255.00 feet along same; 17. 183°32'30'' 602.36 feet along same; 18. 114°00' 30.00 feet along same; 19. 147°56' 22.51 feet along same; 20. 73°34' 37.60 feet along same; 21. 37°16' 23.30 feet along same; 22. 27°55' 65.10 feet along same; 23. 42°02' 144.80 feet along same; 24. 60°26' 72.30 feet along same; 25. 66°32' 388.40 feet along same; 26. 77°51' 29.20 feet along same; 27. 145°46' 7.90 feet along same; 28. 219°13' 136.90 feet along same; 29. 214°35' 61.40 feet along same; 30. 201°59' 66.00 feet along same; 31. 192°52' 127.60 feet along same; 32. 206°52' 30.90 feet along same; 33. 223°40' 62.80 feet along same; 34. 203°52' 31.80 feet along same; 35. 185°50' 63.50 feet along same; 36. 175°40' 95.60 feet along same; 37. 188°33' 226.40 feet along same; 38. Thence continuing along the east side of Punchbowl Drive in all its turns and windings to the Auwaiolimu-Kewalo boundary, the direct azimuth and distance being 181°48'30'' 886.26 feet; 39. 231°12' 20.00 feet along the Auwaiolimu-Kewalo boundary to the point of beginning. AREA 25.0 ACRES more or less. PART 2-Land situate in the south side of Nehoa Street between Pensacola and Prospect Streets, Honolulu, Oahu. Beginning at the southwest corner of this parcel of land at a point above the middle of a small gully and on the east side of Prospect Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 1179.70 feet South and 2992.51 feet East, as shown on Government Survey Registered Map 3040, and running thence by azimuths measured clockwise from True South:-- 1. On a curve to the left with a radius of 746.80 feet along the east side of Prospect Street, the chord azimuth and distance being 154°52'32'' 50.00 feet to a pipe; 2. Thence on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being 208°38'30'' 82.59 feet to a pipe; 3. Thence on a curve to the right with a radius of 274.91 feet, along the south side of Nehoa Street, the chord azimuth and distance being 249°29'47'' 140.72 feet to a pipe; 4. 234°40' 146.53 feet along the south side of Nehoa Street to a pipe; 5. Thence on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being 306°29'08'' 38.00 feet to a pipe; 6. Thence on a curve to the right with a radius of 634.20 feet along the northwest side of Pensacola Street, the chord azimuth and distance being 25°58'49'' 169.42 feet to middle of a small gully; 7. Thence following up along the middle of small gully, the direct azimuth and distance being 71°13' 238.76 feet to the point of beginning. AREA 0.826 ACRE PART 3-Being portion of the Government Land of Kewalo-uka set aside for the purpose of Establishing and Maintaining an Agricultural Experiment Station by Proclamation of Acting Governor H. E. Cooper dated June 10, 1901. Land situate above the Hawaiian Homes land transferred to the Territory of Hawaii by Presidential Executive Order 5561, dated February 18, 1931. Kewalo-uka, Honolulu, Oahu Beginning at a pipe in concrete monument at the northwest corner of this parcel of land at a point called "Puu Ea" on the boundary between the lands of Auwaiolima and Kewalo-uka said point being also the northeast corner of the land described in Presidential Executive Order 5561, dated February 18, 1931, and on the south boundary of the land described in Governor's Executive Order 790, dated March 10, 1938, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3255.6 feet North and 5244.7 fee East, as shown on Government Survey Registered Map 2828, and running by azimuths measured clockwise from True South:-- 1. Up along the top of the ridge along the land of Auwaiolimu to a pipe in concrete monument at a point called "Puu Koa," the direct azimuth and distance being 217°37' 1439.00 feet; 2. Thence still up the same ridge to a concrete monument at a place called "Papaa" overlooking Pauoa Valley, the direct azimuth and distance being 229°27' 3051.00 feet; 3. 356°15' 513.00 feet along the land of Kalawaihine to a place called Kahaumakaawe at head of stream called Kahawai o Ka Poopoo; 4. Thence down the middle of stream called Kahawai o Ka Poopoo along the land of Kalawahine to the southeast corner of the land described in Presidential Executive Order 5561, the direct azimuth and distance being 41°36'30'' 4630.50 feet; 5. 174°30' 930.00 feet along the land described in Presidential Executive Order 5561 to the point of beginning. Containing a Gross Area of 63.00 Acres and a Net Area of 54.540 Acres, after excepting and excluding therefrom Grant 8764, Apanas 1 and 2 (area 0.648 Acre), Deed of Minister of Interior to W. R. Castle (area 2.232 Acres), and portions of Tantalus Drive (Area 5.58 Acres). SUMMARY OF AREAS Gross Area ______________________ 63.000 Acres Less Grant 8764, Apanas 1 and 2 _______ 0.648 Acre Less Deed to W. R. Castle ____________ 2.232 Acres Less Tantalus Drive ______________5.580 Acres 8.460 Acres ------------------------------------------ NET AREA ___________ 54.540 PART 4-Portion of the Land of Auwaiolimu, on Tantalus Ridge, Kona, City and County of Honolulu, Territory of Hawaii, being the first parcel of land described in Presidential Executive Order No. 4126, mentioned therein to be acquired, and being also the same and all the land together with the residence and other buildings thereon deeded to the Territory of Hawaii, by Elizabeth Schaefer, by Deed dated June 4, 1925, and recorded in the Office of the Registrar of Conveyances at Honolulu, in Book 780, page 154, and set aside by Executive Order 194 of the Governor of Hawaii for addition to the United States Experiment Station. Beginning at a pipe in a concrete monument on the boundary between the lands of Auwaiolimu and Kewalo, and at the South corner of the piece of land, to co-ordinates of said pipe in a concrete monument referred to Government Survey Triangulation Station "PUNCHBOWL" being 4632.21 feet North and 6354.33 feet East and running by true azimuths:-- 1. 172°28' 41.13 feet along the remainder of the land of Auwaiolimu to a pipe; 2. 139°01' 41.5 feet along same to a pipe; 3. 225°37½' 332.10 feet along same to a pipe; 4. 319°01' 84.35 feet along same to a pipe on the Auwaiolimu-Kewalo Boundary; 5. 45°39' 189.5 feet along the Land of Kewalo to a pipe in a concrete monument; 6. 49°01' 165.0 feet along same to a point of beginning. AREA 0.636 ACRE PART 5-Being a portion of the Government land of Auwaiolimu adjacent to the land of Kewalo-uka covered by Governor's Executive Order No. 790 for addition to Hawaii Experiment Station. Pauoa Valley, Honolulu, Oahu Beginning at a pipe in concrete monument at the northeast corner of this parcel of land at a point called "Puu Koa" and on the boundary between the lands of Auwaiolimu and Kewalo-uka, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 4395.10 feet North and 6122.04 feet East as shown on Government Survey Registered Map 2828 and running by azimuths measured clockwise from True South: 1. Down along the top of the ridge along the land of Kewalo-uka to a pipe in concrete monument at a point called "Puu Ea", the direct azimuth and distance being 37°37' 1439.00 feet; 2. Thence still down along same, the direct azimuth and distance being 44°41'30'' 449.94 feet to a point at fence; 3. 225°29' 263.54 feet along fence along Auwaiolimu Government Remainder, Parcel A-1, to a pipe; 4. 129°33'30'' 43.44 feet along Auwaiolimu Government Remainder, Parcel A-1, to a pipe; 5. 199°53' 229.54 feet along same to a pipe; 6. 225°06'30'' 722.00 feet along same to a pipe; 7. 217°33' 533.20 feet along same to a pipe; 8. 131°15' 117.33 feet along same to a pipe; 9. 105°10' 258.40 feet along same to a pipe; 10. 218°17' 330.00 feet along same to a pipe; 11. 319°40' 400.00 feet along land conveyed by the Territory of Hawaii to W. R. Castle by deed dated January 2, 1902 to the point of beginning. AREA 6.60 ACRES PART 6-Portion of the land of Kewalo-uka set aside by Presidential Executive Order dated January 5, 1900, for the use of the United States Treasury Department as a site for a United States Marine Hospital. Situate on the north side of Prospect Street near Makiki Cemetery. Kewalo-uka, Honolulu, Oahu Beginning at a stone post at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 596.60 feet South and 2237.30 feet East, as shown on Government Survey Registered Map 2828, and running by azimuths measured clockwise from True South: 1. 257°51' 29.20 feet along the land described in Presidential Executive Order 1181 dated March 25, 1910; 2. 246°32' 338.40 feet along same; 3. 240°26' 72.30 feet along same; 4. 222°02' 144.80 feet along same; 5. 207°55' 65.10 feet along same; 6. 217°16' 23.30 feet along same; 7. 253°34' 37.60 feet along same; 8. 327°56' 22.51 feet along same; 9. 294°00' 30.00 feet along same; 10. 3°32'30'' 602.36 feet along same; 11. 275°10' 255.00 feet along same; 12. 325°00' 25.00 feet along same; 13. 358°30' 65.00 feet along same; 14. 77°20' 120.00 feet along same; 15. 36°40' 9.68 feet along same to the north side of Prospect Street; 16. Thence along the north side of Prospect Street on a curve to the right with a radius of 214.91 feet, the chord azimuth and distance being 116°23'15'' 162.03 feet; 17. 138°32' 32.94 feet along the north side of Prospect Street; 18. Thence still along same on a curve to the left with a radius of 508.30 feet, the chord azimuth and distance being 109°47'' 488.97 feet; 19. 81°02' 102.93 feet along government land to the point of beginning; Containing a GROSS AREA of 5.27 ACRES and a NET AREA of 4.27 ACRES after excepting and excluding therefrom portion of the old Punchbowl Drive (containing 1.00 acre) as reserved in Governor's Proclamation dated June 10, 1901. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

December 29, 1945

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Scholarly & Legal Citations

Exec. Order No. 9671 (Dec. 29, 1945), https://executiveordersarchive.org/orders/app-executive-order-9671-restoring-certain-lands-the-territory-hawaii.