Whereas the Norfork Project on the North Fork River in the White River Basin in the States of Arkansas and Missouri, being constructed by the U.S. Corps of Engineers for the purpose of flood control, the improvement of navigation, and the development of hydroelectric power as an incident thereto, is now nearing completion; and Whereas the electric energy to be generated at the Norfork Project can best be utilized in the prosecution of the war by transmission, distribution, and utilization in coordination with the electric energy generated at the Pensacola Project on the Grand River in Oklahoma, and by the full use of the transmission, distribution, marketing, and other facilities now being operated in this area by the Federal Works Administrator (hereinafter called the Administrator) pursuant to Executive Order No. 8944, dated November 19, 1941. Now, Therefore , by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly by Title I of the First War Powers Act, 1941 (55 Stat. 838), and by Title III of the Second War Powers Act, 1942 (56 Stat. 176), and as Commander in Chief of the Army and Navy and as President of the United States, it is hereby ordered as follows: 1. The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved June 30, 1938, as amended, and this order. 2. The Secretary of War shall (a) provide and maintain, for the use of the Administrator at the Norfork Project, adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Administrator for proper reception, handling, and dispatching of the electric energy generated at the said Project, together with transformers and other equipment required by the Administrator for the transmission of such energy from that place at suitable voltage to the markets which the Administrator desires to serve; (b) deliver to the Administrator the electric energy generated at the Norfork Project and not required for the operation thereof; and (c) schedule the operations of the electric generating unit or units and appurtenant equipment of the Norfork Project in accordance with the requirements of the Administrator, so far as those requirements are consistent with requirements for the storage or discharge of water for flood-control and other purposes. 3. The Administrator, acting for and or behalf of the United States through such person or persons as he may designate is hereby authorized and directed (a) to sell and dispose of the electric energy generated at the Norfork Project, in coordination with the electric energy generated at the Pensacola Project, to war plants and establishments, public bodies and cooperatives, and other persons, in that order of preference, at such rates as may be approved by the Federal Power Commission; and (b) to make such arrangements as he deems necessary to interconnect the Norfork Project with other utility systems in the area, and interchange electric energy with and purchase electric energy from such systems. 4. Having become satisfied that the fulfillment of requirements for the defense of the United States will result in a shortage in the supply of copper and other materials and facilities for the transmission and distribution of electric energy required for the prosecution of the war, I hereby further authorize and direct the Administrator to allocate transmission and distribution lines and appurtenant facilities in the area for the purposes of transmitting and distributing electric energy generated at the Norfork and Pensacola Projects to such extent as, in the judgment of the Administrator, will not substantially interfere with the other uses of such lines and facilities and upon such terms as the owners thereof and the Administrator may thereafter agree upon or, in the absence of such agreement, as may be fixed by the Federal Power Commission. 5. All receipts from the sale and disposition of the electric energy generated at the Norfork Project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts. 6. The Administrator may take such steps, not inconsistent with the provisions of section 16 of the Federal Power Act, as may be necessary to carry out the provisions of this order, and may employ necessary personnel without compliance with the requirements of the Civil Service Rules, and use for this purpose and for other necessary expenses, funds derived from the operation of the Pensacola Project. 7. This order shall continue in force and effect so long as Title I of the First War Powers Act, 1941, remains in force, except that section 4 hereof shall continue in force and effect so long as Title III of the Second War Powers Act, 1942, remains in force. FRANKLIN D ROOSEVELT The White House, June 19, 1943.
Executive Order 9353—Disposal of Electric Energy Generated at the Norfork Project
Executive Brief • At a Glance
The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved June 30, 1938, as amended, and this order. 2.
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 June 19, 1943, this order concerns Disposal of Electric Energy Generated at the Norfork Project. The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved June 30, 1938, as amended, and this order. 2.
Key Directives & Operative Actions
The Norfork Project (including facilities for the generation of electric energy) shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of the Flood Control Act, approved June 30, 1938, as amended, and this order. 2.
The Secretary of War shall (a) provide and maintain, for the use of the Administrator at the Norfork Project, adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Administrator for proper reception, handling, and dispatching of the electric energy generated at the said Project, together with transformers and other equipment required by the Administrator for the transmission of such energy from that place at suitable voltage to the markets which the Administrator desires to serve; (b) deliver to the Administrator the electric energy generated at the Norfork Project and not required for the operation thereof; and (c) schedule the operations of the…
The Administrator, acting for and or behalf of the United States through such person or persons as he may designate is hereby authorized and directed (a) to sell and dispose of the electric energy generated at the Norfork Project, in coordination with the electric energy generated at the Pensacola Project, to war plants and establishments, public bodies and cooperatives, and other persons, in that order of preference, at such rates as may be approved by the Federal Power Commission; and (b) to make such arrangements as he deems necessary to interconnect the Norfork Project with other utility systems in the area, and interchange electric energy with and purchase electric energy from such systems. 4.
Having become satisfied that the fulfillment of requirements for the defense of the United States will result in a shortage in the supply of copper and other materials and facilities for the transmission and distribution of electric energy required for the prosecution of the war, I hereby further authorize and direct the Administrator to allocate transmission and distribution lines and appurtenant facilities in the area for the purposes of transmitting and distributing electric energy generated at the Norfork and Pensacola Projects to such extent as, in the judgment of the Administrator, will not substantially interfere with the other uses of such lines and facilities and upon such terms as the owners thereof and the Administrator may…
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 (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9353 (June 19, 1943), https://executiveordersarchive.org/orders/app-executive-order-9353-disposal-electric-energy-generated-the-norfork-project.