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Executive Order 9436 Constitutional Neutral (+0.02)

Executive Order 9436—Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of Ken-Rad Tube and Lamp Corporation and Ken-Rad Transmitting Tube Corporation at Owensboro, Kentucky

Franklin D. Roosevelt Franklin D. Roosevelt
•
Thursday, April 13, 1944
•
2 min read (467 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Franklin D. Roosevelt on 1944-04-13, establishes federal administrative policy concerning "Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of Ken-Rad Tube and Lamp Corporation and Ken-Rad Transmitting Tube Corporation at Owensboro, Kentucky." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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 Secretary of War shall operate the plants and facilities of the Corporations under the terms and conditions of employment which are in effect at the time the possession of the plants and facilities mentioned herein is taken, and during his operation of the plants and facilities shall observe the terms and conditions of the directive order of the National War Labor Board, dated March 31, 1944.
▪ Possession, control, and operation of any plant or facility, or part thereof, taken under this order, shall be terminated by the Secretary of War within sixty days after he determines that the productive efficiency of the plant, facility, or parts thereof has been restored to the level prevailing prior to the threatened interruption of production referred to in the recitals of this order.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments
Total Words
467
2,795 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
30.4
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 9436, Franklin D. Roosevelt (Apr 13, 1944). Available at https://executiveordersarchive.org/orders/app-executive-order-9436-authorizing-the-secretary-war-take-possession-and-operate-the-plants.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
Whereas after investigation I And and proclaim that there is a threatened interruption of the operation of the plants and facilities of Ken-Rad Tube and Lamp Corporation and Ken-Rad Transmitting Tube Corporation, located at Owensboro, Kentucky, as a result of a labor disturbance, and that the war effort would be unduly impeded or delayed by such interruption: Now, Therefore , by virtue of the power and authority vested in me by the Constitution and laws of the United States, including section 9 of the Selective Training and Service Act of 1940, as amended, as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby directed as follows: 1. The Secretary of War is hereby authorized and directed, through and with the aid of such person or persons or instrumentality as he may designate, to the extent that he may deem necessary, to take possession of the plants and facilities of Ken-Rad Tube and Lamp Corporation and Ken-Rad Transmitting Tube Corporation, located at Owensboro, Kentucky, together with any real or personal property, and other assets, wherever situated, used in connection with the operation thereof; and to operate or arrange for the operation of such plants and facilities in such manner as he deems necessary for the successful prosecution of the war, and to do all the things necessary for, or incidental to, the production, sale, and distribution of the products thereof. The Secretary of War is further authorized to exercise any contractual or other rights of the corporations and to take such other steps as he deems necessary to carry out the provisions and purposes of this Order and the directive order of the National War Labor Board, dated March 31, 1944. 2. The Secretary of War shall operate the plants and facilities of the Corporations under the terms and conditions of employment which are in effect at the time the possession of the plants and facilities mentioned herein is taken, and during his operation of the plants and facilities shall observe the terms and conditions of the directive order of the National War Labor Board, dated March 31, 1944. 3. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein. 4. Possession, control, and operation of any plant or facility, or part thereof, taken under this order, shall be terminated by the Secretary of War within sixty days after he determines that the productive efficiency of the plant, facility, or parts thereof has been restored to the level prevailing prior to the threatened interruption of production referred to in the recitals of this order. FRANKLIN D ROOSEVELT The White House, April 13, 1944.