By virtue of the authority vested in me by the Constitution and statutes of the United States and in order to define further the functions and duties of the Economic Defense Board with respect to the unlimited national emergency as declared by the President on May 27, 1941, and for the purpose of strengthening the international economic relations of the United States in the interest of national defense, it is hereby ordered as follows: 1. The Economic Defense Board, in addition to the responsibilities and duties described in paragraph 3 of Executive Order No. 8839 of July 30, 1941, is authorized and directed to discharge and perform the following responsibilities and duties, in furtherance of such policies and objectives as the President may from time to time determine: a. Exercise and perform all powers and functions heretofore vested by any Proclamation, Executive Order or regulation in any officer or agency of the Government (1) under section 6 of the act of July 2, 1940, entitled "An Act To expedite the strengthening of the national defense" (Public No. 703, 76th Congress, Third Session), as extended by joint resolution of May 28, 1941 (Public No. 75, 77th Congress, First Session), and (2) under the act of October 10, 1940, entitled "An Act to authorize the President to requisition certain articles and materials for the use of the United States, and for other purposes" (Public No. 829, 76th Congress, Third Session), except the powers and functions vested in the Joint Army and Navy Munitions Board by sections 1 and 2 of Executive Order No. 8567 of October 15, 1940; and all such Proclamations, Executive Orders, and regulations are amended to the extent necessary to make this paragraph effective, but shall otherwise remain in full force and effect, and any of the provisions thereof heretofore applicable to any such officer or agency shall be applicable to the Economic Defense Board. b. Obtain, develop, and determine overall estimates of materials and commodities required for export purposes in the interest of the economic defense of the Nation (exclusive of defense articles to be transferred to the Government of any country whose defense the President deems essential to the defense of the United States, as provided in Public No. 11, 77th Congress, First Session, entitled "An Act further to promote the defense of the United States and for other purposes" approved March 11, 1941); and advise the Supply Priorities and Allocations Board of such estimated requirements. c. Advise the Office of Production Management as to the priorities required for the delivery of materials and commodities in carrying out economic defense programs. d. Provide a central clearing service to which exporters, manufacturers, and foreign importers may submit proposals for the export of materials and commodities; and obtain clearance for such proposals from the several Federal agencies concerned with the control of exports and financial transactions incidental thereto. 2. The personnel, records, funds, and property (including office equipment) of the agencies and officers now exercising the powers and functions specified in paragraph 1 (a) above are hereby transferred to the Economic Defense Board. 3. The Chairman of the Economic Defense Board is authorized to discharge and perform the above described responsibilities and duties through the Executive Director of the Board. 4. Executive Order No. 8839 of July 30, 1941, establishing the Economic Defense Board is amended accordingly. FRANKLIN D ROOSEVELT The White House, September 15, 1941.
Executive Order 8900—Amending the Executive Order Establishing the Economic Defense Board
Executive Brief • At a Glance
The Economic Defense Board, in addition to the responsibilities and duties described in paragraph 3 of Executive Order No. 8839 of July 30, 1941, is authorized and directed to discharge and perform the following responsibilities and duties, in furtherance of such policies and objectives as the President may from time to time determine: a.
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 September 15, 1941, this order concerns Amending the Executive Order Establishing the Economic Defense Board. The Economic Defense Board, in addition to the responsibilities and duties described in paragraph 3 of Executive Order No. 8839 of July 30, 1941, is authorized and directed to discharge and perform the following responsibilities and duties, in furtherance of such policies and objectives as the President may from time to time determine: a.
Key Directives & Operative Actions
The Economic Defense Board, in addition to the responsibilities and duties described in paragraph 3 of Executive Order No. 8839 of July 30, 1941, is authorized and directed to discharge and perform the following responsibilities and duties, in furtherance of such policies and objectives as the President may from time to time determine: a.
Exercise and perform all powers and functions heretofore vested by any Proclamation, Executive Order or regulation in any officer or agency of the Government (1) under section 6 of the act of July 2, 1940, entitled "An Act To expedite the strengthening of the national defense" (Public No. 703, 76th Congress, Third Session), as extended by joint resolution of May 28, 1941 (Public No. 75, 77th Congress, First Session), and (2) under the act of October 10, 1940, entitled "An Act to authorize the President to requisition certain articles and materials for the use of the United States, and for other purposes" (Public No. 829, 76th Congress, Third Session), except the powers and functions vested in the Joint Army and Navy Munitions Board by…
Obtain, develop, and determine overall estimates of materials and commodities required for export purposes in the interest of the economic defense of the Nation (exclusive of defense articles to be transferred to the Government of any country whose defense the President deems essential to the defense of the United States, as provided in Public No. 11, 77th Congress, First Session, entitled "An Act further to promote the defense of the United States and for other purposes" approved March 11, 1941); and advise the Supply Priorities and Allocations Board of such estimated requirements. c.
The personnel, records, funds, and property (including office equipment) of the agencies and officers now exercising the powers and functions specified in paragraph 1 (a) above are hereby transferred to the Economic Defense Board. 3.
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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 asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 8900 (Sept. 15, 1941), https://executiveordersarchive.org/orders/app-executive-order-8900-amending-the-executive-order-establishing-the-economic-defense-board.