Whereas the War Department has commenced the construction of cantonments, air fields, fortifications, and other public works in the Territory of Hawaii which are necessary for the national defense; and Whereas the interests of the national defense require the completion of such public works 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, section 321), the service of all laborers and mechanics employed by the Government upon any public work of the United States is limited to eight hours in any one day except in case of extraordinary emergency; and Whereas it appears that unless such limitation is suspended as to laborers and mechanics employed by the War Department in the construction of the above-mentioned public works in the Territory of Hawaii, it will be impossible, because of the remoteness of such places from sources of labor supply in the United States, and because of the difficulties of transporting additional labor from the United States, to accomplish the work necessary to the completion of such public works within the time required by the interests of the national defense; 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 for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day of laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department in the construction of cantonments, air fields, fortifications, and other public works in the Territory of Hawaii which are necessary for the national defense. FRANKLIN D ROOSEVELT The White House, August 20, 1941.
Executive Order 8859—Suspension of Eight-Hour Law as to Mechanics and Laborers Employed by the War Department in the Construction of Public Works in the Territory of Hawaii Necessary for the National Defense
Executive Brief • At a Glance
I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day of laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department in the construction of cantonments, air fields, fortifications, and other public works in the Territory of Hawaii which are necessary for the national defense.
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 August 20, 1941, this order concerns Suspension of Eight-Hour Law as to Mechanics and Laborers Employed by the War Department in the Construction of Public Works in the Territory of Hawaii Necessary for the National Defense. I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day of laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department in the construction of cantonments, air fields…
Key Directives & Operative Actions
I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one day of laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department in the construction of cantonments, air fields, fortifications, and other public works in the Territory of Hawaii which are necessary for the national defense.
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. 8859 (Aug. 20, 1941), https://executiveordersarchive.org/orders/app-executive-order-8859-suspension-eight-hour-law-mechanics-and-laborers-employed-the-war.