By virtue of the authority vested in me by the First War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838), and deeming that such action will facilitate the prosecution of the war, it is ordered as follows: 1. The provision in paragraph 7 of Title II of Executive Order No. 9001, dated December 27, 1941 limiting the fixed fee to be paid as a result of any cost-plus-a-fixed-fee contract entered into under the authority of that order, shall not apply to contracts for architectural or engineering services entered into by the Treasury Department for the accomplishment of any project, or portion of a project, for which funds are allocated to the Treasury Department from any appropriation to carry out the provisions of the act entitled "An Act further to promote the defense of the United States, and for other purposes", approved March 11, 1941 (55 Stat. 31); but the fixed fee to be paid for such architectural or engineering services under any cost-plus-a-fixed-fee contract for such services may be determined in accordance with such appropriate scale of fees as may be prescribed by the Secretary of the Treasury: Provided , that in no case shall any such fee exceed 4 per centum of the estimated cost (exclusive of all compensation for architectural or engineering services) to be paid by the Treasury Department from such allocated funds on account of the project in connection with which such services are employed. 2. Executive Order No. 9023 of January 14, 1942, extending the provisions of the said Executive Order No. 9001 to contracts of the Treasury Department and other Government agencies, is modified accordingly. FRANKLIN D ROOSEVELT The White House, November 11, 1942.
Executive Order 9269 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order 9269—Modifying the Limitation on Fixed Fees With Respect to Contracts of the Treasury Department for Architectural and Engineering Services
Executive Brief • At a Glance
⏱️ 1 min read (282 words) •
● In Effect
🎯 Primary Mandate
The provision in paragraph 7 of Title II of Executive Order No. 9001, dated December 27, 1941 limiting the fixed fee to be paid as a result of any cost-plus-a-fixed-fee contract entered into under the authority of that order, shall not apply to contracts for architectural or engineering services entered into by the Treasury Department for the accomplishment of any project, or portion of a project, for which funds are allocated to the Treasury Department from any appropriation to carry out the provisions of the act entitled "An Act further to promote the defense of the United States, and for other purposes", approved March 11, 1941 (55 Stat. 31); but the fixed fee to be paid for such architectural or engineering services under any…
⚖️ 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 Financial Institutions & Monetary Authorities
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 November 11, 1942, this order concerns Modifying the Limitation on Fixed Fees With Respect to Contracts of the Treasury Department for Architectural and Engineering Services. The provision in paragraph 7 of Title II of Executive Order No. 9001, dated December 27, 1941 limiting the fixed fee to be paid as a result of any cost-plus-a-fixed-fee contract entered into under the authority of that order, shall not apply to contracts for architectural or engineering services entered into by the Treasury Department for the accomplishment of any project, or portion of a project, for which funds…
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
▪
The provision in paragraph 7 of Title II of Executive Order No. 9001, dated December 27, 1941 limiting the fixed fee to be paid as a result of any cost-plus-a-fixed-fee contract entered into under the authority of that order, shall not apply to contracts for architectural or engineering services entered into by the Treasury Department for the accomplishment of any project, or portion of a project, for which funds are allocated to the Treasury Department from any appropriation to carry out the provisions of the act entitled "An Act further to promote the defense of the United States, and for other purposes", approved March 11, 1941 (55 Stat. 31); but the fixed fee to be paid for such architectural or engineering services under any…
▪
Executive Order No. 9023 of January 14, 1942, extending the provisions of the said Executive Order No. 9001 to contracts of the Treasury Department and other Government agencies, is modified accordingly.
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
🏛️ Executive Departments & Federal Civil Servants
🏛️ Financial Institutions & Monetary Authorities
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.
⚖️✨ Zone 2 (Zone of Twilight)
§
"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
📐
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
38 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Moderate Friction
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
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
Moderate Friction
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.
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%).
ℹ️
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
282
1,700 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
16.6
Post-Graduate Legal
Text size:
Related Executive Orders
2 orders cited directly in this text, plus related actions from this administration.
EO 9001 Dec 27, 1941
⚖️⚠️ Zone 3 (Lowest Ebb) Friction (-0.19)
Executive Order 9001-A—Authorizing and Directing the United States Maritime Commission To Resell the S.S. "Normandie" to the Former Owners Thereof
📜 Art. II §2: Commander-in-Chief / War Prerogative Tension
Without limiting the authority of the Commission under the provisions of sections 3, 4, and 5 of the aforesaid act, or under the said Executive order or amendment thereto, or under any other provision of law, the Commission is authorized, upon such terms and conditions as the…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 9023 Jan 14, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9023—Extension of the Provisions of Executive Order No. 9001 of December 27, 1941, to Contracts of the Treasury Department, the Department of Agriculture, the Federal Works Agency, the Panama Canal, the Government Printing Office, and the National Advisory Committee for Seronautics
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby extend the provisions of Executive Order No. 9001 of December 27, 1941 to the Treasury Department, the Department of Agriculture, The Panama Canal, the Federal Works Agency, the Government Printing Office, the National Advisory Committee for Aeronautics, and such other…
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9270 Nov 13, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9270—Correcting Executive Order No. 9257 of October 15, 1942, Enlarging Naval Petroleum Reserve No. 1
📜 Art. II §1: Executive Discretion & Internal Operations
The land description contained in Executive Order No. 9257 of October 15, 1942, enlarging Naval Petroleum Reserve No. 1, in California, be, and it is hereby, corrected to read as follows: MOUNT DIABLO BASE AND MERIDIAN T. 30 S., R 24 E., secs. 21 and 22, all; sec. 23, S½…
Franklin D. Roosevelt Grade 6 • 1m
EO 9268 Nov 9, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9268—Suspending in Part the Provisions of Section 12 of the Naval Aviation Cadet Act of 1942
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The provisions of section 12 of said act, except those of the first proviso thereof, are hereby suspended during the present war as to all officers who were formerly enlisted in the grade of aviation cadet or transferred to that enlisted grade subsequent to September 3, 1942.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9267 Nov 9, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9267—Suspending Until Further Order the Maximum Limitations of Punishment for Violation of Article of War 61
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby suspend until further order, as to offenses committed after the effective date of this order, the limitations prescribed by the Table of Maximum Punishments, paragraph 104 (c) of the Manual for Courts-Martial, United States Army, 1928, upon punishments for absence…
Franklin D. Roosevelt College Level • 1m
EO 9266 Nov 6, 1942
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9266—Establishing Buzzards Bay and Vineyard Sound Defensive Sea Area
📜 Art. II §2: Commander-in-Chief Supervisory Authority
The following-described area is hereby established and reserved, for purposes of national defense, as a defensive sea area, to be known as "Buzzards Bay and Vineyard Sound Defensive Sea Area": All United States territorial waters of Buzzards Bay and Vineyard Sound and their…
Franklin D. Roosevelt Post-Graduate Legal • 4m
📜
Scholarly & Legal Citations
Exec. Order No. 9269 (Nov. 11, 1942), https://executiveordersarchive.org/orders/app-executive-order-9269-modifying-the-limitation-fixed-fees-with-respect-contracts-the.
