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Executive Order 9752 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9752—Restoring Certain Land to the Territory of Hawaii for Use of the City and County of Honolulu

Harry S Truman Harry S Truman
•
Monday, July 15, 1946
•
2 min read (440 words)

Executive Brief • At a Glance

⏱️ 2 min read (440 words) • ● In Effect
🎯 Primary Mandate

It is order as follows: The following-described tract of land comprising a portion of the lands set aside by the said Executive Order No. 3358 of November 24, 1920, for military purposes, is hereby restored to the Territory of Hawaii for the use of the City and County of Honolulu in constructing thereon a sewage-treatment plan: Provided, that the War Department shall have the right to approve plans for the construction of such plant so far as they may affect present or future Army installations: And provided further, that in the event charges should at any time be imposed on users of the new plant, the War Department shall be accorded free sewage disposal and treatment up to a total of $100,000 at nondiscriminatory rates from the time…

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⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

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 July 15, 1946, this order concerns Restoring Certain Land to the Territory of Hawaii for Use of the City and County of Honolulu. It is order as follows: The following-described tract of land comprising a portion of the lands set aside by the said Executive Order No. 3358 of November 24, 1920, for military purposes, is hereby restored to the Territory of Hawaii for the use of the City and County of Honolulu in constructing thereon a sewage-treatment plan: Provided, that the War Department shall have the right to approve plans for the…

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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It is order as follows: The following-described tract of land comprising a portion of the lands set aside by the said Executive Order No. 3358 of November 24, 1920, for military purposes, is hereby restored to the Territory of Hawaii for the use of the City and County of Honolulu in constructing thereon a sewage-treatment plan: Provided, that the War Department shall have the right to approve plans for the construction of such plant so far as they may affect present or future Army installations: And provided further, that in the event charges should at any time be imposed on users of the new plant, the War Department shall be accorded free sewage disposal and treatment up to a total of $100,000 at nondiscriminatory rates from the time…

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ National Security & Defense
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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)
§

"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
26 / 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

Low Friction

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

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
440
2,591 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
10
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas by Presidential Executive Order No. 3358 of November 24, 1920, a certain tract of land on Sand Island, Oahu, Territory of Hawaii, was set aside for military purposes; and WHEREAS it is advisable an in the public interest that the City and County of Honolulu have access to a portion of such tract for the purpose of erecting thereon a sewage-treatment plant: NOW THEREFORE, by virtue of the authority vested in my by section 91 of the act of April 30, 9011, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, it is order as follows: The following-described tract of land comprising a portion of the lands set aside by the said Executive Order No. 3358 of November 24, 1920, for military purposes, is hereby restored to the Territory of Hawaii for the use of the City and County of Honolulu in constructing thereon a sewage-treatment plan: Provided, that the War Department shall have the right to approve plans for the construction of such plant so far as they may affect present or future Army installations: And provided further, that in the event charges should at any time be imposed on users of the new plant, the War Department shall be accorded free sewage disposal and treatment up to a total of $100,000 at nondiscriminatory rates from the time such charges are imposed, and shall be subject to non-discriminatory charges for usage thereafter: Beginning at a ¾-inch pipe in concrete post at the most northerly corner of this piece of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station :U.S.E. North Base" being 871.06 fee North and 4,220.20 feet West, thence running by azimuths measuring clockwise from true South: 1. 284°42'40" 382.57 feet along the remainder of Tract No. 1 of Presidential Executive Order No. 3358 to a ¾-inch pipe in concrete post; 2. 334°00'10" 620.00 feet along same to a ¾-inch pipe in concrete post; 3. 43°19'40" 624.50 feet along same to ¾-inch pipe in concrete post; 4. 154°00'10" 947.00 feet along same to the boundary between Tract No. 1 of Presidential Executive Order No. 3358 and Governor's Executive Order No. 1016 (Mokauea Fishery); 5. 195°55' 192.17 feet along the remainder of the Proposed City and County of Honolulu Sewage Treatment Plant, along Governor's Executive Order No. 1016 (Mokauea Fishery, Territorial Condemnation, Law No. 16696); 6. 244° 00'10" 165.91 feet along the remainder of Tract No. 1 of Presidential Executive Order No. 3358 to the point of beginning; and containing an area of 12.10 Acres. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

July 15, 1946

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Scholarly & Legal Citations 

Exec. Order No. 9752 (July 15, 1946), https://executiveordersarchive.org/orders/app-executive-order-9752-restoring-certain-land-the-territory-hawaii-for-use-the-city-and.