By virtue of the authority vested in me by section 81 of title 2 of the Canal Zone Code, as amended by section 3 of act July 9, 1937, c. 470, 50 Stat. 487, the Governor of The Panama Canal is hereby authorized to grant, under such regulations as he may prescribe, sick and rest leave to alien employees of The Panama Canal and the Panama Railroad Company who are not entitled to leave privileges under the conditions of employment prescribed by Executive Order No. 1888 of February 2, 1914, as amended by Executive Order No. 2514 of January 15, 1917, and Executive Order No. 3232 of February 20, 1920: Provided, however, that the combined sick and rest leave which may be granted to any such alien employee shall be exceed 15 days in any one year, and that such leave shall not be cumulative in excess of 60 days. Executive Order No. 2993 of November 14, 1918, authorizing the granting of sick leave to alien employees of The Panama Canal and the Panama Railroad Company, is hereby revoked. FRANKLIN D ROOSEVELT The White House, January 24, 1942.
Executive Order 9039—Authorizing Sick and Rest Leave for Alien Employees of the Panama Canal and the Panama Railroad Company
Executive Brief • At a Glance
The Governor of The Panama Canal is hereby authorized to grant, under such regulations as he may prescribe, sick and rest leave to alien employees of The Panama Canal and the Panama Railroad Company who are not entitled to leave privileges under the conditions of employment prescribed by Executive Order No. 1888 of February 2, 1914, as amended by Executive Order No. 2514 of January 15, 1917, and Executive Order No. 3232 of February 20, 1920: Provided, however, that the combined sick and rest leave which may be granted to any such alien employee shall be exceed 15 days in any one year, and that such leave shall not be cumulative in excess of 60 days.
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 January 24, 1942, this order concerns Authorizing Sick and Rest Leave for Alien Employees of the Panama Canal and the Panama Railroad Company. The Governor of The Panama Canal is hereby authorized to grant, under such regulations as he may prescribe, sick and rest leave to alien employees of The Panama Canal and the Panama Railroad Company who are not entitled to leave privileges under the conditions of employment prescribed by Executive Order No. 1888 of February 2, 1914, as amended by Executive Order No. 2514 of January 15, 1917, and Executive Order No.…
Key Directives & Operative Actions
The Governor of The Panama Canal is hereby authorized to grant, under such regulations as he may prescribe, sick and rest leave to alien employees of The Panama Canal and the Panama Railroad Company who are not entitled to leave privileges under the conditions of employment prescribed by Executive Order No. 1888 of February 2, 1914, as amended by Executive Order No. 2514 of January 15, 1917, and Executive Order No. 3232 of February 20, 1920: Provided, however, that the combined sick and rest leave which may be granted to any such alien employee shall be exceed 15 days in any one year, and that such leave shall not be cumulative in excess of 60 days.
Executive Order No. 2993 of November 14, 1918, authorizing the granting of sick leave to alien employees of The Panama Canal and the Panama Railroad Company, is hereby revoked.
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
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9039 (Jan. 24, 1942), https://executiveordersarchive.org/orders/app-executive-order-9039-authorizing-sick-and-rest-leave-for-alien-employees-the-panama-canal.