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 exportation of: 1. Bromine. 2. Ethylene. 3. Ethylene dibromide. 4. Methylamine. 5. Strontium Metals and Ores. 6. Cobalt. 7. Abrasives and abrasive products containing emery, corundum, or garnet, as well as abrasive paper and cloth. 8. Plastic molding machines and presses. 9. Measuring Machines. 10. Gauges. 11. Testing Machines. 12. Balancing Machines. 13. Hydraulic Pumps. 14. Tools incorporating industrial diamonds. 15. Equipment and plans for the production of aviation lubricating oil. 1. As used in my proclamation of December 20, 1940, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the following terms shall be construed as defined herein: A. Cobalt.— 1. Cobalt metal. (F6640) 2. Cobalt oxide. (8429, F8399) 3. Alloys (6220) and compounds (8399, 8429) containing cobalt in excess of 5%. B. Abrasives and Abrasive Products.— 1. Wheels of emery, corundum, and garnet. (5405) 2. Grindstones of natural and of artificial abrasives. (5406) 3. Artificial abrasives, crude and in grains. (5411) 4. Abrasive paper and cloth. (5418) 5. Other natural and artificial abrasives, hones, whetstones, etc. (5409, 5419) C. Measuring Machines.—Machines for use in measuring and inspecting precision parts by optical, electrical, or mechanical means including bench and all other types of micrometers. D. Gauges.—Snap, thread, plug, ring, profiling, depth and height and other gauges and precision gauge blocks for use in inspecting precision parts. E. Testing Machines.—Tension, ductility, compression, hardness, torsion and flaw testing machines including dynamometers. F. Balancing Machines.—Machines for balancing metal parts statically or dynamically or both. G. Hydraulic Pumps.—Gear, vane, and piston type pumps capable of delivering pressures of 100 pounds per square inch and over, and controls for the same. H. Tools incorporating industrial diamonds.- 1. Diamond dies. 2. Diamond drilling bits. 3. Diamond wheel dressers. 4. Diamond grinding wheels. 5. Diamond glass cutters and similar articles. 6. Diamond saws. I. Equipment and plans for the production of aviation lubricating oil .— Equipment (excluding minor component parts) which can be used, or adapted to use, for the production of aviation lubricating oil; and any plans, specifications, or other documents containing descriptive or technical information of any kind (other than that appearing in any form available to the general public) useful in the design, construction, or operation of any such equipment, or in connection with any such processes. Aviation lubricating oil shall mean such lubricating oil as is defined in the regulations issued pursuant to Proclamation No. 2417 of July 26, 1940, as may from time to time be amended. 2. 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 Bromine, Ethylene, Ethylene dibromide, Methylamine, Strontium Metals and Ores, Cobalt, Abrasives and abrasive products containing emery, corundum, or garnet, as well as abrasive paper and cloth, Plastic molding machines and presses, Measuring Machines, Gauges, Testing Machines, Balancing Machines, Hydraulic Pumps, Tools incorporating industrial diamonds, and Equipment and plans for the production of aviation lubricating oil. FRANKLIN D ROOSEVELT The White House, December 20, 1940.
Executive Order 8617 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.33)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 8617—Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of December 20, 1940, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940
Executive Brief • At a Glance
⏱️ 3 min read (551 words) •
● In Effect
🎯 Primary Mandate
I hereby prescribe the following additional regulations governing the exportation of: 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 Private Citizens & Property Owners
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 20, 1940, this order concerns Prescribing Regulations Governing the Exportation of Articles and Materials Designated in the President's Proclamation of December 20, 1940, Issued Pursuant to the Provisions of Section 6 of the Act of Congress Approved July 2, 1940. I hereby prescribe the following additional regulations governing the exportation of: 1. Bromine. 2. Ethylene. 3. Ethylene dibromide. 4. Methylamine. 5. Strontium Metals and Ores. 6. Cobalt. 7. Abrasives and abrasive products containing emery, corundum, or garnet, as well as abrasive paper and cloth. 8. Plastic molding machines and presses. 9. Measuring Machines. 10. Gauges. 11. Testing Machines. 12.
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
▪
I hereby prescribe the following additional regulations governing the exportation of: 1.
▪
As used in my proclamation of December 20, 1940, issued pursuant to the provisions of section 6 of the Act of Congress approved July 2, 1940, and in these regulations, the following terms shall be construed as defined herein: A. Cobalt.— 1.
▪
Aviation lubricating oil shall mean such lubricating oil as is defined in the regulations issued pursuant to Proclamation No. 2417 of July 26, 1940, as may from time to time be amended. 2.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Private Citizens & Property Owners
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
19 / 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
Low Friction
Federalism & State Sovereignty
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
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
551
3,664 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
12.5
High School
Text size:
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Scholarly & Legal Citations
Exec. Order No. 8617 (Dec. 20, 1940), https://executiveordersarchive.org/orders/app-executive-order-8617-prescribing-regulations-governing-the-exportation-articles-and.
