Whereas the act of April 25, 1939, 53 Stat. 590, authorizes the Secretary of the Navy to establish, develop, or increase naval aviation facilities at or in the vicinity of certain places mentioned therein, including Midway Island and Wake Island; and Whereas the Corps of Engineers, United States Army, is engaged in harbor development at Midway Island and Wake Island pursuant to the act of August 26, 1937, 50 Stat. 844, by use of Government forces, and has been requested by the Secretary of the Navy to perform additional work necessary for the establishment of naval aviation facilities at such places; and Whereas by section 1 of the act of August 1, 1892, 27 Stat. 340, as amended by the act of March 3, 1913, 37 Stat. 726 (U.S.C., title 40, sec. 321), the service and employment of all laborers and mechanics employed by the Government upon any public work of the United States, and of all persons employed by the Government to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States, is limited to eight hours in any one calendar day except in case of extraordinary emergency; and Whereas it appears that the interests of the national defense require the establishment of naval aviation facilities at the said Midway and Wake Islands at the earliest practicable date; and Whereas it further appears that because of the isolation of such places from sources of labor supply it will be impossible to accomplish the work required in the establishment of such facilities within the time required by the interests of the national defense unless the said eight-hour limitation is suspended as to persons employed by the Government upon such work; and Whereas I find that by reason of the foregoing an extraordinary emergency exists: Now, Therefore , by virtue of the authority vested in me by section 1 of the said act of August 1, 1892, as amended by the said act of March 3, 1913, and as President of the United States, I hereby suspend the above-mentioned provisions of law prohibiting more than eight hours labor in any one day of persons employed by the Government of the United States as to all work authorized and performed under the said acts of August 26, 1937, and April 25, 1939, at or in the vicinity of Midway Island and Wake Island. FRANKLIN D. ROOSEVELT The White House, November 30, 1939.
Executive Order 8293—Suspension of Eight-Hour Law as to Persons Employed by the Government in the Construction of Certain Emergency Air Bases
Executive Brief • At a Glance
I hereby suspend the above-mentioned provisions of law prohibiting more than eight hours labor in any one day of persons employed by the Government of the United States as to all work authorized and performed under the said acts of August 26, 1937, and April 25, 1939, at or in the vicinity of Midway Island and Wake Island.
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 November 30, 1939, this order concerns Suspension of Eight-Hour Law as to Persons Employed by the Government in the Construction of Certain Emergency Air Bases. I hereby suspend the above-mentioned provisions of law prohibiting more than eight hours labor in any one day of persons employed by the Government of the United States as to all work authorized and performed under the said acts of August 26, 1937, and April 25, 1939, at or in the vicinity of Midway Island and Wake Island.
Key Directives & Operative Actions
I hereby suspend the above-mentioned provisions of law prohibiting more than eight hours labor in any one day of persons employed by the Government of the United States as to all work authorized and performed under the said acts of August 26, 1937, and April 25, 1939, at or in the vicinity of Midway Island and Wake Island.
Constitutional & Societal Entities Impacted
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.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Scholarly & Legal Citations
Exec. Order No. 8293 (Nov. 30, 1939), https://executiveordersarchive.org/orders/app-executive-order-8293-suspension-eight-hour-law-persons-employed-the-government-the.