Whereas after investigation I find and proclaim that there are existing and threatened interruptions of the operations of the plants and facilities of Montgomery Ward and Company, located in Chicago, Illinois, as a result of labor disturbances arising from the failure of Montgomery Ward and Company to comply with directive orders of the National War Labor Board; that the war effort will be unduly impeded or delayed by these interruptions; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to insure, in the interest of the war effort, the operation of these plants and facilities and of other plants and facilities which are threatened to be affected by the said labor disturbances: Now, Therefore , by virtue of the power and authority vested in me by the Constitution and laws of the United States, 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 Commerce is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of Montgomery Ward and Company, located in Chicago, Illinois, including the mail order house, the retail store and the Schwinn Warehouse, together with any real or personal property and other assets used in connection with the operation thereof, and to operate or to arrange for the operation of the plants and facilities in any manner that he deems necessary for the successful prosecution of the war, and to do all things necessary or Incidental thereto. The Secretary of Commerce is further authorized to exercise any contractual or other rights of the Company and to take any other steps that he deems necessary to carry out the provisions and purposes of this order. 2. The Secretary of Commerce shall operate the plants and facilities of the Company under the terms and conditions of the directive orders of the National War Labor Board dated January 15, 1944, and April 5, 1944. 3. The Secretary of Commerce is authorized to take any action that he may deem necessary or desirable to provide protection for the plants and facilities and for all persons employed or seeking employment therein. 4. Upon the request of the Secretary of Commerce, the Secretary of War shall take any action that may be necessary to enable the Secretary of Commerce to carry out the provisions and purposes of this order. 5. Possession, control, and operation of any plant or facility, or part thereof, taken under this order shall be terminated by the Secretary of Commerce within sixty days after he determines that the productive efficiency of the plant. facility, or parts thereof prevailing prior to the existing and threatened interruptions of production, referred to in the recitals of this order, has been restored. FRANKLIN D ROOSEVELT The White House, April 25, 1944.
Executive Order 9438—Authorizing the Secretary of Commerce to Take Possession of and to Operate the Plants and Facilities of Montgomery Ward and Company, Located in Chicago, Illinois
Executive Brief • At a Glance
It is hereby directed as follows: 1.
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 April 25, 1944, this order concerns Authorizing the Secretary of Commerce to Take Possession of and to Operate the Plants and Facilities of Montgomery Ward and Company, Located in Chicago, Illinois. It is hereby directed as follows: 1. The Secretary of Commerce is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of Montgomery Ward and Company, located in Chicago, Illinois, including the mail order house, the retail store and the Schwinn Warehouse, together with any real or personal property and…
Key Directives & Operative Actions
It is hereby directed as follows: 1.
The Secretary of Commerce is hereby authorized and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities of Montgomery Ward and Company, located in Chicago, Illinois, including the mail order house, the retail store and the Schwinn Warehouse, together with any real or personal property and other assets used in connection with the operation thereof, and to operate or to arrange for the operation of the plants and facilities in any manner that he deems necessary for the successful prosecution of the war, and to do all things necessary or Incidental thereto.
The Secretary of Commerce is further authorized to exercise any contractual or other rights of the Company and to take any other steps that he deems necessary to carry out the provisions and purposes of this order. 2.
The Secretary of Commerce shall operate the plants and facilities of the Company under the terms and conditions of the directive orders of the National War Labor Board dated January 15, 1944, and April 5, 1944. 3.
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
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.
Scholarly & Legal Citations
Exec. Order No. 9438 (Apr. 25, 1944), https://executiveordersarchive.org/orders/app-executive-order-9438-authorizing-the-secretary-commerce-take-possession-and-operate-the.