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.
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
Executive Brief • At a Glance
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.
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 31, 1940, this order concerns 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. 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.
Key Directives & Operative Actions
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.
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 in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
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 order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 8623 (Dec. 31, 1940), https://executiveordersarchive.org/orders/app-executive-order-8623-suspension-eight-hour-law-persons-employed-the-government-the.