Executive Order No. 8757 of May 20, 1941, as amended by Executive Orders No. 8799 of June 20, 1941 and No. 8822 of July 16, 1941, is hereby amended to read as follows: 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 Office for Emergency Management of the Executive Office of the President, with respect to the state of war declared to exist by Joint Resolutions of Congress, approved December 8, 1941, and December 11, 1941, respectively, to assure effective coordination of Federal relations with State and local governments engaged in the furtherance of the war program, to provide for necessary cooperation with State and local governments with respect to measures for adequate protection of the civilian population in emergency periods, and to facilitate constructive participation in the war program, it is hereby ordered as follows: 1. There is established within the Office for Emergency Management of the Executive Office of the President the Office of Civilian Defense, at the head of which shall be a Director appointed by the President. The Director shall discharge and perform his responsibilities and duties under the direction and supervision of the President. 2. There is established within the Office of Civilian Defense a Civilian Defense Board consisting of the Director, who shall serve as Chairman, the Secretary of War, the Attorney General, the Secretary of the Navy, the Director of the Office of Defense Health and Welfare Services, and such other members as the President may designate. 3. The Director, with the advice and assistance of the Board, shall: a. Serve as the center for the coordination of Federal civilian defense activities which involve relationships between the Federal Government and State and local governments; establish and maintain contact with State and local governments and their defense agencies; and facilitate relationships between such units of government and the agencies of the Federal Government in respect to defense problems. b. Keep informed of problems which arise in states and local communities from the impact of the industrial and military efforts required by war, and take steps to secure the cooperation of appropriate Federal agencies in dealing with such problems and in meeting the emergency needs of such states and communities in such a manner as to promote the war effort. c. Assist State and local governments in the establishment of State and local defense councils or other agencies designed to coordinate civilian defense activities. d. Study and plan programs designed to afford adequate protection of life and property against war hazards; sponsor and carry out such civil defense programs as may be. necessary to meet emergency needs, including the recruitment and training of civilian auxiliaries; and disseminate to the public and to appropriate officials of the Federal Government and State and local governments information concerning civil defense measures. e. Consider proposals, suggest plans, and promote activities designed to mobilize a maximum civilian effort in the prosecution of the war, and provide opportunities for constructive civilian participation in the war program; assist other Federal agencies in carrying out their war programs by mobilizing and making available to such agencies the services of the civilian population; review and approve all civilian defense programs of Federal agencies involving the use of volunteer services so as to assure unity and balance in the application of such programs ; and assist State and local defense councils or other agencies in the organization of volunteer service units and in the mobilization of community resources for the purpose of dealing with community problems arising from the war. f. Review existing or proposed measures relating to State and local defense activities, and recommend to the appropriate agencies such additional measures as may be necessary or desirable to assure adequate civilian defense. g. Perform such other duties relating to participation in the war program by State and local agencies as the President may from time to time prescribe. . 4. The Director may provide for the internal organization and management of the Office of Civilian Defense. He shall obtain the President's approval for the establishment of the principal subdivisions of the Office and the appointment of the heads thereof. The Director may delegate authority to carry out his powers and duties to, such agencies, officials or personnel as he may designate. 5. Within the limitation of such funds as may be appropriated or allocated to the Office of Civilian Defense, the Director may employ necessary personnel, maintain the necessary fiscal and property records, and make provision for the necessary supplies, facilities, and services. 6. As used in this order, the term "State and local" shall include Territories, insular possessions, and the District of Columbia. FRANKLIN D ROOSEVELT The White House, April 15, 1942.
Executive Order 9134—Amendment of Executive Order No. 8757 of May 20, 1941 Establishing the Office of Civilian Defense
Executive Brief • At a Glance
There is established within the Office for Emergency Management of the Executive Office of the President the Office of Civilian Defense, at the head of which shall be a Director appointed by the President.
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 April 15, 1942, this order concerns Amendment of Executive Order No. 8757 of May 20, 1941 Establishing the Office of Civilian Defense. There is established within the Office for Emergency Management of the Executive Office of the President the Office of Civilian Defense, at the head of which shall be a Director appointed by the President. The Director shall discharge and perform his responsibilities and duties under the direction and supervision of the President. 2.
Key Directives & Operative Actions
There is established within the Office for Emergency Management of the Executive Office of the President the Office of Civilian Defense, at the head of which shall be a Director appointed by the President.
The Director shall discharge and perform his responsibilities and duties under the direction and supervision of the President. 2.
There is established within the Office of Civilian Defense a Civilian Defense Board consisting of the Director, who shall serve as Chairman, the Secretary of War, the Attorney General, the Secretary of the Navy, the Director of the Office of Defense Health and Welfare Services, and such other members as the President may designate. 3.
The Director, with the advice and assistance of the Board, shall: a.
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
Directs internal executive branch machinery, agency workflows, and federal personnel.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
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 (3)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9134 (Apr. 15, 1942), https://executiveordersarchive.org/orders/app-executive-order-9134-amendment-executive-order-no-8757-may-20-1941-establishing-the-office.