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Executive Order 9426 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9426—Authorizing the Secretary of War to Take Possession of and Operate the Plants, Facilities, Installations and Other Properties in California and Nevada of the Department of Water and Power of the City of Los Angeles, California

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Wednesday, February 23, 1944
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3 min read (525 words)

Executive Brief • At a Glance

⏱️ 3 min read (525 words) • ● In Effect
🎯 Primary Mandate

The Secretary of War is hereby authorized to take possession of the water works, water production and water distribution facilities, power generating stations, distribution, transmission and communications systems, and other plants, facilities, installations and properties in the States of California and Nevada, of the said Department of Water and Power of the City of Los Angeles, California, in which strikes or labor disturbances have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities, installations and properties in such manner as he deems…

⚖️ 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

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 February 23, 1944, this order concerns Authorizing the Secretary of War to Take Possession of and Operate the Plants, Facilities, Installations and Other Properties in California and Nevada of the Department of Water and Power of the City of Los Angeles, California. The Secretary of War is hereby authorized to take possession of the water works, water production and water distribution facilities, power generating stations, distribution, transmission and communications systems, and other plants, facilities, installations and properties in the States of California and Nevada, of the said Department of Water and Power of the City of Los Angeles, California, in which strikes or…

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 Secretary of War is hereby authorized to take possession of the water works, water production and water distribution facilities, power generating stations, distribution, transmission and communications systems, and other plants, facilities, installations and properties in the States of California and Nevada, of the said Department of Water and Power of the City of Los Angeles, California, in which strikes or labor disturbances have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities, installations and properties in such manner as he deems…

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In carrying out this order, the Secretary of War may act through or with the aid of such public or private instrumentalities or persons as he may designate.

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All federal agencies, including but not limited to the War Manpower Commission, the National Selective Service System, and the Department of Justice, are directed to cooperate with the Secretary of War to the fullest extent possible in carrying out the purposes of this order. 3 The Secretary of War shall permit the managements of the said plants, facilities, installations and properties taken under the provisions of this order to continue with their managerial functions to the maximum degree possible consistent with the aims of this order. 4.

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The Secretary of War shall operate the plants, facilities, installations and properties under the terms and conditions of employment which are in effect at the time possession thereof is taken. subject to the applicable provisions of any existing law. 5.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
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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
41 / 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

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

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

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

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
525
3,259 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
22.3
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

Whereas after investigation I find that as the result of labor disturbances there is an interruption of the operation of the power plants, water work9 and distribution system of the Department of Water and Power of the City of Los Angeles, California, and that the war effort is being and will be unduly impeded or delayed by this interruption. Now, Therefore , by virtue of the power and authority vested in me by the Constitution and laws of the United States, including the War Labor Disputes Act of June 25, 1943, (Public Law 89, 78th Cong.) as President of the United States and Commander in Chief of the Army and Navy of the United States, It is hereby ordered as follows: 1. The Secretary of War is hereby authorized to take possession of the water works, water production and water distribution facilities, power generating stations, distribution, transmission and communications systems, and other plants, facilities, installations and properties in the States of California and Nevada, of the said Department of Water and Power of the City of Los Angeles, California, in which strikes or labor disturbances have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities, installations and properties in such manner as he deems necessary for the successful prosecution of the war, and to do all things necessary for or incidental to the operation thereof. 2. In carrying out this order, the Secretary of War may act through or with the aid of such public or private instrumentalities or persons as he may designate. All federal agencies, including but not limited to the War Manpower Commission, the National Selective Service System, and the Department of Justice, are directed to cooperate with the Secretary of War to the fullest extent possible in carrying out the purposes of this order. 3 The Secretary of War shall permit the managements of the said plants, facilities, installations and properties taken under the provisions of this order to continue with their managerial functions to the maximum degree possible consistent with the aims of this order. 4. The Secretary of War shall operate the plants, facilities, installations and properties under the terms and conditions of employment which are in effect at the time possession thereof is taken. subject to the applicable provisions of any existing law. 5. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the said plants, facilities, installations and properties, and for all persons employed or seeking employment therein, and their families and homes. 6. Possession, control and operation of any plants, facilities, installations and properties, or parts thereof, taken under this order, shall be terminated by the Secretary of War within sixty days after he determines that the efficiency of the plants, facilities, installations and properties has been restored to the level prevailing prior to the interruption referred to in the recital of this order. FRANKLIN D ROOSEVELT The White House, February 23, 1944.

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Scholarly & Legal Citations

Exec. Order No. 9426 (Feb. 23, 1944), https://executiveordersarchive.org/orders/app-executive-order-9426-authorizing-the-secretary-war-take-possession-and-operate-the-plants.