By virtue of the authority vested in me by section 1 of the Act of August 1, 1914. 38 Stat. 609, 623 (U.S.C. title 19, sec. 2), it is ordered that the following changes be, and they are hereby, made in the customs field organization 2: 1. The designation of the town of Westby, Montana, as a customs port of entry in Customs Collection District Number 33 (Montana and Idaho), is revoked. 2. The limits of the customs port of entry of Nogales, Arizona, in Customs Collection District Number 26 (Arizona), are extended to include the following territory: Beginning at the northeast corner of the intersection of First Street and Bayze Avenue, City of Nogales, thence northerly in a line parallel with the east side of Bayze Avenue a distance of 1500 feet; thence at right angles in an easterly direction a distance of 1300 feet; thence at right angles in a southerly direction a distance of 1500 feet to the city limits of Nogales; thence westerly along the city limits a distance of 1300 feet to the place of beginning. 3. The limits of the customs port of entry of Douglas, Arizona, in Customs Collection District Number 26 (Arizona), are extended to include the following territory: Beginning at the southwest corner of the city limits of Douglas, Arizona, thence westerly in a line parallel with the international boundary a distance of 4000 feet; thence at right angles in a northerly direction a distance of 7000 feet to a point on the west side of the road leading to the Phelps-Dodge Copper Smelter where said road intersects U.S. Highway Number 80; thence easterly along the south side of U.S. Highway Number 80 to the city limits of Douglas; thence along the city limits to the place of beginning. This order hall become effective October 1, 1943. FRANKLIN D ROOSEVELT The White House, September 25, 1943.
Executive Order 9382 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 Art. I §8: Delegated Tariff & Commerce Execution
Executive Order 9382—Making Certain Changes in the Customs Field Organization
Executive Brief • At a Glance
⏱️ 2 min read (315 words) •
● In Effect
🎯 Primary Mandate
The following changes be, and they are hereby, made in the customs field organization 2: 1.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises
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 25, 1943, this order concerns Making Certain Changes in the Customs Field Organization. The following changes be, and they are hereby, made in the customs field organization 2: 1. The designation of the town of Westby, Montana, as a customs port of entry in Customs Collection District Number 33 (Montana and Idaho), is revoked. 2.
Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.
Key Directives & Operative Actions
▪
The following changes be, and they are hereby, made in the customs field organization 2: 1.
▪
The designation of the town of Westby, Montana, as a customs port of entry in Customs Collection District Number 33 (Montana and Idaho), is revoked. 2.
▪
The limits of the customs port of entry of Nogales, Arizona, in Customs Collection District Number 26 (Arizona), are extended to include the following territory: Beginning at the northeast corner of the intersection of First Street and Bayze Avenue, City of Nogales, thence northerly in a line parallel with the east side of Bayze Avenue a distance of 1500 feet; thence at right angles in an easterly direction a distance of 1300 feet; thence at right angles in a southerly direction a distance of 1500 feet to the city limits of Nogales; thence westerly along the city limits a distance of 1300 feet to the place of beginning. 3.
▪
The limits of the customs port of entry of Douglas, Arizona, in Customs Collection District Number 26 (Arizona), are extended to include the following territory: Beginning at the southwest corner of the city limits of Douglas, Arizona, thence westerly in a line parallel with the international boundary a distance of 4000 feet; thence at right angles in a northerly direction a distance of 7000 feet to a point on the west side of the road leading to the Phelps-Dodge Copper Smelter where said road intersects U.S. Highway Number 80; thence easterly along the south side of U.S. Highway Number 80 to the city limits of Douglas; thence along the city limits to the place of beginning.
Constitutional & Societal Entities Impacted
🏛️ Merchants, Importers & Commercial Enterprises
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 1 (Maximum Authority)
§
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
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.
🛡️ High Constitutional Concordance
26 / 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
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
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
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
Audit Synthesis
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
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
315
1,813 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14.3
College Level
Text size:
Related Executive Orders
Other executive actions signed by Franklin D. Roosevelt around this period.
EO 9381 Sep 25, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9381—Amendment of Executive Order No. 9250, Entitled "Providing for the Stabilizing of the National Economy"
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order No. 9250 of October 3, 1942, entitled "Providing for the Stabilizing of the National Economy", be, and it is hereby, amended as follows: 1.
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 9380 Sep 25, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9380—Foreign Economic Administration
📜 Art. II §2: Commander-in-Chief Supervisory Authority
There is established in the Office for Emergency Management of the Executive Office of the President the Foreign Economic Administration (hereinafter referred to as the Administration), at the head of which shall be an Administrator. 2.
Franklin D. Roosevelt Post-Graduate Legal • 3m
EO 9379 Sep 23, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9379—Executive Order Establishing a Special Emergency Board To Report on the Adjustment of Wages for Employees of the Pacific Electric Railway Company of Los Angeles, California
📜 Art. II §2: Commander-in-Chief Supervisory Authority
There is hereby established a Special Emergency Board of three members to be selected by me from the National Railway Labor panel who shall report to me what, if any, wage adjustments for employees of the Pacific Electric Railway Company of Los Angeles, California, should be…
Franklin D. Roosevelt Post-Graduate Legal • 2m
EO 9378 Sep 23, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9378—Amendment of Executive Order No. 9062 of February 16, 1942, Authorizing the Civil Service Commission To Adopt Special Procedures Relating to Recruitment, Placement, and Changes in Status of Personnel for the Federal Service
📜 Art. II §3: Administrative Management & Civil Service
Paragraph 1 of Executive Order No. 9063 of February 16, 1942, is hereby amended to read as follows: "1. The United States Civil Service Commission is authorized to adopt and prescribe such special procedures and regulations as it may determine to be necessary in connection with…
Franklin D. Roosevelt College Level • 1m
EO 9377 Sep 22, 1943
⚖️✨ Zone 2 (Zone of Twilight) Constitutional Neutral
Executive Order 9377—Relinquishing Possession of the Plant of the Atlantic Basin Iron Works, Incorporated, at Brooklyn, New York
📜 Art. II §2: Commander-in-Chief Supervisory Authority
I hereby direct the War Shipping Administrator to relinquish possession of the said plant to the Atlantic Basin Iron Works, Incorporated, and to issue the necessary orders for carrying out this direction.
Franklin D. Roosevelt Post-Graduate Legal • 1m
EO 9376 Sep 18, 1943
🏛️✅ Zone 1 (Maximum Authority) Constitutional Neutral
Executive Order 9376—Reinstating John W. Bailey, Junior, in the Foreign Service of the United States
📜 10th Amend: Intergovernmental Federalism Cooperation
John W. Bailey, Junior, who resigned his position as an officer in the Foreign Service of the United States on March 31, 1935, to accept appointment to a position in the Department of State, be, and he is hereby, reinstated in the Foreign Service of the United States in Class…
Franklin D. Roosevelt College Level • 1m
📜
Scholarly & Legal Citations
Exec. Order No. 9382 (Sept. 25, 1943), https://executiveordersarchive.org/orders/app-executive-order-9382-making-certain-changes-the-customs-field-organization.
