By virtue of the authority vested in me by Title I of the First War Powers Act, 1941, and as President of the United States, sections 2 and 3 of Executive Order 9406 of December 17, 1943, entitled "Transfer of Functions with Respect to Necessity Certificates from the Secretary of War and the Secretary of the Navy to the Chairman of the War Production Board", are hereby amended to read as follows: 2. (a) The Secretary of War and the Secretary of the Navy shall act upon (1) all applications for Necessity Certificates filed before October 5, 1943, (2) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation, or the date of acquisition of which was prior to October 5, 1943, and (3) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities for which the applicant had made contracts for the construction, reconstruction, erection, installation or acquisition thereof prior to October 5, 1943. When the Secretary of War and the Secretary of the Navy lave made final determination upon all applications specified in this subsection, their functions, powers and duties to issue Necessity Certificates shall cease. (b) The Chairman of the War Production Board shall act upon (1) applications for Necessity Certificates filed after December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943. Such applications for Necessity Certificates filed after the effective date of this order shall be filed with the War Production Board, (2) applications for Necessity Certificates filed on and after October 5, 1943 and pending December 17, 1943 with the Secretary of War and the Secretary of the Navy which describe facilities, the construction, reconstruction, erection or installation of which has not begun or which have not been acquired, (3) applications for Necessity Certificates filed after December 17, 1943 which describe facilities the construction, reconstruction, erection, or installation of which has not begun or which have not been acquired, and (4) applications for Necessity Certificates filed after December 17, 1943 describing facilities for which the applicant had made contracts for the construction, reconstruction, erection, installation or acquisition thereof prior to October 5, 1943, provided that such applications are filed prior to April 5, 1944. (c) The issuance of a Necessity Certificate by either the Secretary of War, the Secretary of the Navy or the Chairman of the War Production Board shall be conclusive of his authority under this section. 3. (a) The regulations of the Secretary of War and the Secretary of the Navy in effect prior to October 5, 1943 shall govern the issuance of Necessity Certificates for all applications for Necessity Certificates describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943, or for which the applicant had made contracts for the construction, reconstruction, erection, Installation or acquisition thereof prior to October 5, 1943. (b) In acting upon applications for Necessity Certificates filed on and after October 5, 1943 describing facilities the construction, reconstruction, erection, or installation of which was not begun or which were not acquired prior to October 5, 1943, or for which the applicant had not made contracts for the construction, reconstruction, erection, installation or acquisition thereof prior to October 5, 1943, Necessity Certificates shall not be issued unless the Chairman of the War Production Board has determined prior to the beginning of the construction, reconstruction, erection, installation, or the date of acquisition of the facilities (1) that the facilities to be Constructed or acquired are clearly necessary for the war effort, and (2) that it is to the advantage of the Government that such additional facilities be privately financed. The Secretary of War and the Secretary of the Navy are hereby authorized to amend their regulations governing the issuance of Necessity Certificates to the extent necessary to carry out their functions under this order. This order shall be effective as of December 17, 1943. FRANKLIN D ROOSEVELT The White House, March 2, 1944.
Executive Order 9429—Amending Executive Order 9406 of December 17, 1943
Executive Brief • At a Glance
The Secretary of War and the Secretary of the Navy shall act upon (1) all applications for Necessity Certificates filed before October 5, 1943, (2) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation, or the date of acquisition of which was prior to October 5, 1943, and (3) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities for which the applicant had made contracts for the construction, reconstruction, erection, installation or acquisition thereof prior to October 5, 1943.
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 March 2, 1944, this order concerns Amending Executive Order 9406 of December 17, 1943. By virtue of the authority vested in me by Title I of the First War Powers Act, 1941, and as President of the United States, sections 2 and 3 of Executive Order 9406 of December 17, 1943, entitled "Transfer of Functions with Respect to Necessity Certificates from the Secretary of War and the Secretary of the Navy to the Chairman of the War Production Board", are hereby amended to read as follows: 2.
Key Directives & Operative Actions
The Secretary of War and the Secretary of the Navy shall act upon (1) all applications for Necessity Certificates filed before October 5, 1943, (2) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation, or the date of acquisition of which was prior to October 5, 1943, and (3) applications for Necessity Certificates filed between and including October 5, 1943 and December 17, 1943 describing facilities for which the applicant had made contracts for the construction, reconstruction, erection, installation or acquisition thereof prior to October 5, 1943.
When the Secretary of War and the Secretary of the Navy lave made final determination upon all applications specified in this subsection, their functions, powers and duties to issue Necessity Certificates shall cease.
The Chairman of the War Production Board shall act upon (1) applications for Necessity Certificates filed after December 17, 1943 describing facilities the beginning of the construction, reconstruction, erection, installation or the date of acquisition of which was prior to October 5, 1943.
Such applications for Necessity Certificates filed after the effective date of this order shall be filed with the War Production Board, (2) applications for Necessity Certificates filed on and after October 5, 1943 and pending December 17, 1943 with the Secretary of War and the Secretary of the Navy which describe facilities, the construction, reconstruction, erection or installation of which has not begun or which have not been acquired, (3) applications for Necessity Certificates filed after December 17, 1943 which describe facilities the construction, reconstruction, erection, or installation of which has not begun or which have not been acquired, and (4) applications for Necessity Certificates filed after December 17, 1943 describing…
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
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.
Scholarly & Legal Citations
Exec. Order No. 9429 (Mar. 2, 1944), https://executiveordersarchive.org/orders/app-executive-order-9429-amending-executive-order-9406-december-17-1943.