By virtue of the authority vested in me by the Constitution and as President of the United States, and acting jointly and in full accord with His Excellency, the President of the Republic of Mexico, I hereby authorize, on the part of the Government of the United States, the creation of a joint commission to be known as the Joint Mexican-United States Defense Commission. The purposes of the Commission shall be to study problems relating to the common defense of the United States and Mexico, to consider broad plans for the defense of Mexico and adjacent areas of the United States, and to propose to the respective governments the cooperative measures which, in its opinion, should be adopted. As United States members of the Commission I hereby appoint the following: Lieutenant General Stanley D. Embick, United States Army, Retired, Chairman, Vice Admiral Alfred W. Johnson, United States Navy, Retired. The Commission will convene initially at a time and place agreeable to both governments, and may thereafter proceed at any time with its professional and clerical assistants to such place or places in Mexico, with the approval of the Government of Mexico, or in the United States as it may consider desirable or necessary to visit for the accomplishment of its purposes. The United States members of the Commission, in agreement with their Mexican colleagues, may prescribe their own procedure. They are also empowered to employ such professional and clerical assistants as may be deemed necessary, and to incur such expenses for travel, services, supplies, and other purposes as may be required for the accomplishment of their mission. Each of the United States members of the Commission and each of their professional assistants, including civilian advisers and any United States Army, Navy, or Marine Corps officers so employed, detailed, or assigned, shall receive, in lieu of subsistence while outside of the continental limits of the United States in connection with the business of the Commission, a per diem allowance of ten dollars. All expenses incurred by the United States Section of the Commission shall be paid by Army disbursing officers from allocations to be made to the War Department for that purpose from the Emergency Fund for the President. FRANKLIN D ROOSEVELT The White House, February 27, 1942.
Executive Order 9080—Joint Mexican-United States Defense Commission
Executive Brief • At a Glance
I hereby authorize, on the part of the Government of the United States, the creation of a joint commission to be known as the Joint Mexican-United States Defense Commission.
Legal Status & Amendment History
AmendedActions on this order
- Amended by EO 13082
Source: Office of the Federal Register executive order disposition notes. Orders before 1994 show only actions recorded by later orders.
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 February 27, 1942, this order concerns Joint Mexican-United States Defense Commission. I hereby authorize, on the part of the Government of the United States, the creation of a joint commission to be known as the Joint Mexican-United States Defense Commission. The purposes of the Commission shall be to study problems relating to the common defense of the United States and Mexico, to consider broad plans for the defense of Mexico and adjacent areas of the United States, and to propose to the…
Key Directives & Operative Actions
I hereby authorize, on the part of the Government of the United States, the creation of a joint commission to be known as the Joint Mexican-United States Defense Commission.
The purposes of the Commission shall be to study problems relating to the common defense of the United States and Mexico, to consider broad plans for the defense of Mexico and adjacent areas of the United States, and to propose to the respective governments the cooperative measures which, in its opinion, should be adopted.
As United States members of the Commission I hereby appoint the following: Lieutenant General Stanley D. Embick, United States Army, Retired, Chairman, Vice Admiral Alfred W. Johnson, United States Navy, Retired.
The United States members of the Commission, in agreement with their Mexican colleagues, may prescribe their own procedure.
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
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
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
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 (3)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9080 (Feb. 27, 1942), https://executiveordersarchive.org/orders/app-executive-order-9080-joint-mexican-united-states-defense-commission.