Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled 'AN ACT To expedite the strengthening of the national defense,' I hereby prescribe the following additional regulations governing the exporation of: IRON AND STEEL 1. As used in my proclamation of December 10, 1940, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the terms "iron" and "steel" shall be construed as defined herein: Iron and Steel: A. Iron ore (6001) B. Pig iron (6007) C. Ferro Alloys Ferromanganese (6213) Spiegeleisen (6213) Ferrosilicon--------------(6220) Ferrochrome-------------(6220) Ferrotungsten------------(6220) Ferrovanadlum-----------(6220) Ferrocolumbium----------(6220) Ferrocarbontitanium------(6220) Ferrophosphorus---------(6220) Ferromolybdenum--------(6220) D. Semi-Finished Products Ingots--------------------(6016 & 6017) Billets--------------------(6016 & 6017) Blooms------------------(6016 & 6017) Slabs--------------------(6016 & 6017) Sheet Bars---------------(6016 & 6017) Skelp (6032) Wire Rods (6029) E. Finished Products Structural Shapes (6045 & 6046) Steel Piling (6050) Plates (6030, 6031.1, 6031.5, 6031.9, 6047) Skelps (6032) Rails (6051, 6052, 6053) Splice Bars and Tie Plates (6054) Bars Merchant (6023, 6025, 6026) Concrete Reinforcing (6022) Cold Finished (6020) Alloy (6020, 6025, 6026) Tool Steel (6023, 6026) Hoops and Baling Bands (6038.1) Pipe and Tube (6060, 6061, 6062, 6063, 6064, 6067, 6068, 6070, 6071, 6072, 6073, 6077) Drawn Wire (6081, 6082) Nails and Staples (6092, 6095) Barbed and Twisted Wire (6083) Woven Wire Fence (6085) Bale Ties (6038.1) Fence Posts (6209) Black Plate (6035.1) Tin Plate (6041) Sheets (6033, 6034, 6035.1, 6035.5, 6035.9, 6036) Strip (6037.1, 6037.5, 6037.9, 6038.1, 6038.5, 6038.9) Wheels (6105.1, 6105.3) Axles (6105.2, 6105.3) Track Spikes (6058) Castings (6101, 6102, 6104.1, 6104.9) Forgings (6107, 6108) 2. The number or numbers in parenthesis following each material or article designated in paragraph 1 hereof corresponds to the "Commodity Number" prefixed to the "Commodity Description" as set out in Schedule B, "Statistical Classification of Domestic Commodities Exported from the United States," effective January 1, 1939, as amended, issued by the United States Department of Commerce. 3. Paragraphs d., h., l., t., u., of regulation 1 of the regulations issued July 2, 1940, pursuant to the Act of July 2, 1940, in so far as they apply to ferro alloys, are modified in accordance with the foregoing definitions. Regulations 2 to 12, inclusive, of the regulations issued July 2, 1940, pursuant to the Act of July 2, 1940, are applicable to the exportation of iron and steel. FRANKLIN D ROOSEVELT The White House, December 10, 1940.
Executive Order 8607 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.50)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 8607—Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of December 10, 1940, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940
Executive Brief • At a Glance
⏱️ 2 min read (405 words) •
● In Effect
🎯 Primary Mandate
Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled 'AN ACT To expedite the strengthening of the national defense,' I hereby prescribe the following additional regulations governing the exporation of: IRON AND STEEL 1.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Executive Departments & Federal Civil Servants
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 December 10, 1940, this order concerns Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of December 10, 1940, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940. Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled 'AN ACT To expedite the strengthening of the national defense,' I hereby prescribe the following additional regulations governing the exporation of: IRON AND STEEL 1.
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
▪
Pursuant to the authority vested in me by the provisions of section 6 of the Act of Congress approved July 2, 1940, entitled 'AN ACT To expedite the strengthening of the national defense,' I hereby prescribe the following additional regulations governing the exporation of: IRON AND STEEL 1.
▪
As used in my proclamation of December 10, 1940, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the terms "iron" and "steel" shall be construed as defined herein: Iron and Steel: A. Iron ore (6001) B. Pig iron (6007) C. Ferro Alloys Ferromanganese (6213) Spiegeleisen (6213) Ferrosilicon--------------(6220) Ferrochrome-------------(6220) Ferrotungsten------------(6220) Ferrovanadlum-----------(6220) Ferrocolumbium----------(6220) Ferrocarbontitanium------(6220) Ferrophosphorus---------(6220) Ferromolybdenum--------(6220) D. Semi-Finished Products Ingots--------------------(6016 & 6017) Billets--------------------(6016 & 6017) Blooms------------------(6016 & 6017)…
▪
The number or numbers in parenthesis following each material or article designated in paragraph 1 hereof corresponds to the "Commodity Number" prefixed to the "Commodity Description" as set out in Schedule B, "Statistical Classification of Domestic Commodities Exported from the United States," effective January 1, 1939, as amended, issued by the United States Department of Commerce. 3.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
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 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: 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
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
🛡️ High Constitutional Concordance
23 / 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
Low Friction
Due Process & Individual Rights
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
Low Friction
Youngstown Jacksonian Tier
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 in close harmony with statutory authority and standard Article II supervisory execution.
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
405
2,835 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
10.9
High School
Text size:
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Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Franklin D. Roosevelt • 1941-02-04
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I hereby exempt the said Arthur W. Exline from compulsory retirement for age for a period of one year ending December 31, 1941.
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📜 Art. II §3: Administrative Management & Civil Service
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §2: Commander-in-Chief Supervisory Authority
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📜 Art. II §1: Executive Discretion & Internal Operations
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⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
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📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby approve the establishment of the aforesaid Board and the designation of the said Administrator and authorize the said Board and the said Administrator, acting in the public interest and in the interest of the national defense, under rules and regulations prescribed by…
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📜
Scholarly & Legal Citations
Exec. Order No. 8607 (Dec. 10, 1940), https://executiveordersarchive.org/orders/app-executive-order-8607-prescribing-regulations-governing-the-exportation-articles-and.
