Executive Order 8623 Constitutional Neutral (+0.02)
Executive Order 8623—Suspension of Eight-Hour Law as to Persons Employed by the Government in the Construction of Certain Army and Navy Bases in British Possessions in the Atlantic Ocean
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
This executive order, signed by President Franklin D. Roosevelt on 1940-12-31, establishes federal administrative policy concerning "Suspension of Eight-Hour Law as to Persons Employed by the Government in the Construction of Certain Army and Navy Bases in British Possessions in the Atlantic Ocean." 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
▪340, as amended by the act of March 3, 1913, 37 Stat.
Exec. Order No. 8623, Franklin D. Roosevelt (Dec 31, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8623-suspension-eight-hour-law-persons-employed-the-government-the.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
Whereas the Government of the United States has acquired from the Government of Great Britain, by lease, certain Army and Navy bases in British possessions in the Atlantic Ocean; and Whereas the United States has commenced the construction of aviation and other Army and Navy facilities at these bases; and Whereas the interests of the national defense require the construction of these facilities at the earliest practicable date; 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 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, unless the eight-hour limitation is suspended as to persons employed by the Government upon such work, it will be impossible, because of the isolation of such places from sources of labor supply in the United States, to accomplish the work necessary to the establishment of the aviation and other Army and Navy facilities within the time required by the interests of the national defense; and Whereas the application to these projects of the eight-hour limitation would involve such a departure from local labor practices and regulations as would be likely to adversely affect the local labor situation; 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 said 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 of labor in any one day of persons employed by the Government of the United States as to all work authorized and performed at the aforesaid leased bases. FRANKLIN D ROOSEVELT The White House, December 31, 1940.