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Executive Order 9246 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9246—Providing for the Coordination and Control of the Rubber Program

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Thursday, September 17, 1942
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2 min read (474 words)

Executive Brief • At a Glance

⏱️ 2 min read (474 words) • ● In Effect
🎯 Primary Mandate

The Chairman of the War Production Board is authorized and directed to assume full responsibility for and control over the Nation's rubber program in all of its phases, including, but not limited to: technical research and development, importation, purchase, sale, acquisition, storage, transportation, provision of facilities, conservation, production, manufacturing, processing, marketing, distribution, and use of natural and synthetic rubber, related materials, and products manufactured therefrom. 2.

⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Executive Departments & Federal Civil Servants Private Citizens & Property Owners Foreign Nations & International Entities

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 17, 1942, this order concerns Providing for the Coordination and Control of the Rubber Program. The Chairman of the War Production Board is authorized and directed to assume full responsibility for and control over the Nation's rubber program in all of its phases, including, but not limited to: technical research and development, importation, purchase, sale, acquisition, storage, transportation, provision of facilities, conservation, production, manufacturing, processing, marketing, distribution, and use of…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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The Chairman of the War Production Board is authorized and directed to assume full responsibility for and control over the Nation's rubber program in all of its phases, including, but not limited to: technical research and development, importation, purchase, sale, acquisition, storage, transportation, provision of facilities, conservation, production, manufacturing, processing, marketing, distribution, and use of natural and synthetic rubber, related materials, and products manufactured therefrom. 2.

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There shall be, within the War Production Board, a Rubber Director, appointed by and responsible to the Chairman of the War Production Board for the administration of the Nation's rubber program. 3.

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In carrying out this Order, the Rubber Director may direct the Rubber Reserve Company and other subsidiaries of the Re-construction Finance Corporation, the Office of the Petroleum Coordinator for War, the Board of Economic Warfare, the Office of Defense Transportation, the Office of Price Administration, the Department of Agriculture, and such other departments, establishments, and agencies as he may deem necessary, to execute such aspects of the rubber program in such manner and for such period of time as he deems advisable, and full compliance shall be accorded such directives by the Federal agencies concerned. 4.

▪

In accordance with the provisions of paragraph 3 and unless future directives issued thereunder shall otherwise provide: A. The Office of the Petroleum Coordinator for War shall, upon and under the direction of the Rubber Director: (1) Conduct or promote developmental research in the production and manufacture of butadiene from petroleum and natural gas products and recommend new production and manufacturing methods for the consideration of the Rubber Director.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
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"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."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

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.

Madisonian Stance: Vigilant / Cautionary
AH

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.

Hamiltonian Stance: Strong Prerogative Support
GM

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.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
42 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
474
3,098 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
23.1
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by the Constitution and the statutes, particularly the Act of December 18, 1941, entitled "First War Powers Act, 1941" (Public Law 354, 77th Congress), as President of the United States and Commander in Chief of the Army and Navy, and in order to carry out certain recommendations made to the President by the Rubber Survey Committee for the purpose of assuring an adequate supply of rubber for war and essential civilian needs, it is hereby ordered as follows: 1. The Chairman of the War Production Board is authorized and directed to assume full responsibility for and control over the Nation's rubber program in all of its phases, including, but not limited to: technical research and development, importation, purchase, sale, acquisition, storage, transportation, provision of facilities, conservation, production, manufacturing, processing, marketing, distribution, and use of natural and synthetic rubber, related materials, and products manufactured therefrom. 2. There shall be, within the War Production Board, a Rubber Director, appointed by and responsible to the Chairman of the War Production Board for the administration of the Nation's rubber program. 3. In carrying out this Order, the Rubber Director may direct the Rubber Reserve Company and other subsidiaries of the Re-construction Finance Corporation, the Office of the Petroleum Coordinator for War, the Board of Economic Warfare, the Office of Defense Transportation, the Office of Price Administration, the Department of Agriculture, and such other departments, establishments, and agencies as he may deem necessary, to execute such aspects of the rubber program in such manner and for such period of time as he deems advisable, and full compliance shall be accorded such directives by the Federal agencies concerned. 4. In accordance with the provisions of paragraph 3 and unless future directives issued thereunder shall otherwise provide: A. The Office of the Petroleum Coordinator for War shall, upon and under the direction of the Rubber Director: (1) Conduct or promote developmental research in the production and manufacture of butadiene from petroleum and natural gas products and recommend new production and manufacturing methods for the consideration of the Rubber Director. (2) Serve as the agency of the Government in supervising, upon completion of construction, the operation of plants producing synthetic rubber raw materials made from petroleum and natural gas products. B. The Rubber Reserve Company shall, upon and under the direction of the Rubber Director, serve as the agency of the Government in supervising the construction of all plants under the rubber program, including plants manufacturing butadiene from petroleum and natural gas products. 5. Nothing herein shall be construed to limit the powers conferred upon the Price Administrator by the "Emergency Price Control Act of 1942." 6. Any provision of any Executive Order conflicting with this order is superseded to the extent of such conflict. FRANKLIN D ROOSEVELT The White House, September 17, 1942.

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 9246 (Sept. 17, 1942), https://executiveordersarchive.org/orders/app-executive-order-9246-providing-for-the-coordination-and-control-the-rubber-program.