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Executive Order 5406 Constitutional Neutral (+0.02)

Executive Order 5406—Restoring Portion of Upolu Point Military Reservation to the Territory of Hawaii

Herbert Hoover Herbert Hoover
•
Friday, July 25, 1930
•
2 min read (421 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Herbert Hoover on 1930-07-25, establishes federal administrative policy concerning "Restoring Portion of Upolu Point Military Reservation to the Territory of Hawaii." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ 159), entitled "An act to provide a government for the Territory of Hawaii", as amended by section 7 of the act of Congress approved May 27, 1910 (36 Stat.
▪ 4718, dated September 12, 1927, be, and the same is hereby, restored to the use of the Territory of Hawaii for aeronautical purposes, and for no other purpose: Provided, however , that the following described tract of land within the boundaries of the land withdrawn by said Executive Order No.
▪ 4718 is excepted from said restoration and is hereby retained and set aside for military purposes: Beginning at a point marked by a pipe, on the fourth course of the boundaries of the land withdrawn by Executive Order No.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments
Total Words
421
2,382 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
8.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 5406, Herbert Hoover (Jul 25, 1930). Available at https://executiveordersarchive.org/orders/app-executive-order-5406-restoring-portion-upolu-point-military-reservation-the-territory.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
Pursuant to the authority vested in me by section 91 of the act of Congress approved April 30, 1900 (31 Stat. 159), entitled "An act to provide a government for the Territory of Hawaii", as amended by section 7 of the act of Congress approved May 27, 1910 (36 Stat. 447), it is hereby ordered that the tract of land known as the Upolu Airplane Landing Field, Island of Hawaii, Territory of Hawaii, set aside for military purposes by Executive Order No. 4718, dated September 12, 1927, be, and the same is hereby, restored to the use of the Territory of Hawaii for aeronautical purposes, and for no other purpose: Provided, however , that the following described tract of land within the boundaries of the land withdrawn by said Executive Order No. 4718 is excepted from said restoration and is hereby retained and set aside for military purposes: Beginning at a point marked by a pipe, on the fourth course of the boundaries of the land withdrawn by Executive Order No. 4718, dated September 12, 1927, 72° 16' 326 feet from the initial point of said fourth course, and 285° 13' 46" 1488.67 feet from a cross on rock on the sea pali, the coordinates of said cross on rock being 23,683.1 feet north and 6,397.7 feet west from Government survey triangulation station "Puu O Naie," and running by true azimuths and distances as follows: 1. 162° 16' 110.00 feet; 2. 252° 16' 337.54 feet; 3. 264° 15' 61.55 feet; 4. 354° 15' 110.00 feet to a point on the third course of the boundaries of the land withdrawn by Executive Order No. 4718, 84° 15' 923.2 feet from the initial point of said course; 5. 84° 15' 50.00 feet along said third course to the pipe at the end thereof; 6. 72° 16' 326.00 feet along the fourth course of the boundaries of the land withdrawn by Executive Order No. 4718, to the point of beginning, and containing 0.979 acres more or less. And provided that the land so restored to the Territory of Hawaii shall be at all times subject to the following reservation, to wit: That said tract of land shall be available for the taking off and landing of airplanes or airships belonging to the United States without charge, such reserved privilege to include such temporary occupation for operation and maintenance of Government airplanes or airships as may from time to time be deemed necessary by competent military authority. HERBERT HOOVER The White House, July 25, 1930.