Whereas after an investigation I find and proclaim that the plants and facilities of the companies listed in appendix A, attached hereto, located in or near Toledo, Ohio, are equipped for the manufacture and production of articles and materials that are required for the war effort or that are useful in connection therewith; that there are existing interruptions of the operation of certain of said plants and facilities and threatened interruptions of the operation of the others of said plants and facilities, as a result of a labor disturbance; 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: 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 (54 Stat. 892) as amended by the War Labor Disputes Act (57 Stat. 163), 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 and directed, through and with the aid of any persons or instrumentalities that he may designate, to take possession of the plants and facilities, or any part thereof in which production is interrupted or threatened with interruption, of the companies listed in appendix A attached hereto, located in or near Toledo, Ohio, and, to the extent that he may deem necessary, of any real or personal property, and other assets wherever situated, used in connection with, the operations thereof; to operate or to arrange for the operation of the plants and facilities in such manner as he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of the said companies, and to continue the employment of, or to employ, any persons, and to do any other thing that he may deem necessary for, or incidental to, the operation of the said plants and facilities and the production, sale, and distribution of the products thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order. 2. The Secretary of War shall operate the said plants and facilities in accordance with the terms and conditions of employment which are in effect at the time possession thereof is taken, subject to the provisions of section 5 of the War Labor Disputes Act. 3. The Secretary of War shall permit the management of the plants and facilities taken under the provisions of this order to continue with its managerial functions to the maximum degree possible, consistent with the aims of this order. 4. 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, and their families and homes. 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. 5. 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 60 days after he determines that the productive efficiency of the plant, facility, or part thereof prevailing prior to the existing interruptions of production, referred to in the recitals of this order, has been restored. FRANKLIN D ROOSEVELT The White House, November 3, 1944. APPENDIX A—LIST OF COMPANIES TOLEDO, OHIO Baker Bros., Inc. Willys-Overland Motors, Inc. Great Lakes Stamping & Manufacturing Company. Ohio Tool and Die Company The Inshield Products Company. The Crescent Engineering Corporation. The Toledo Steel Tube Company. Wayne Metal Products Company.
Executive Order 9496—Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of Certain Companies Located in or Near Toledo, Ohio
Executive Brief • At a Glance
The Secretary of War 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, or any part thereof in which production is interrupted or threatened with interruption, of the companies listed in appendix A attached hereto, located in or near Toledo, Ohio, and, to the extent that he may deem necessary, of any real or personal property, and other assets wherever situated, used in connection with, the operations thereof; to operate or to arrange for the operation of the plants and facilities in such manner as he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of the said…
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 November 3, 1944, this order concerns Authorizing the Secretary of War to Take Possession of and Operate the Plants and Facilities of Certain Companies Located in or Near Toledo, Ohio. The Secretary of War 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, or any part thereof in which production is interrupted or threatened with interruption, of the companies listed in appendix A attached hereto, located in or near Toledo, Ohio, and, to the extent that he may deem necessary, of any…
Key Directives & Operative Actions
The Secretary of War 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, or any part thereof in which production is interrupted or threatened with interruption, of the companies listed in appendix A attached hereto, located in or near Toledo, Ohio, and, to the extent that he may deem necessary, of any real or personal property, and other assets wherever situated, used in connection with, the operations thereof; to operate or to arrange for the operation of the plants and facilities in such manner as he deems necessary for the successful prosecution of the war; to exercise any contractual or other rights of the said…
The Secretary of War shall operate the said plants and facilities in accordance with the terms and conditions of employment which are in effect at the time possession thereof is taken, subject to the provisions of section 5 of the War Labor Disputes Act. 3.
The Secretary of War shall permit the management of the plants and facilities taken under the provisions of this order to continue with its managerial functions to the maximum degree possible, consistent with the aims of this order. 4.
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, and their families and homes.
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
Applies regulatory or compliance standards to private contractors or commercial entities.
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. 9496 (Nov. 3, 1944), https://executiveordersarchive.org/orders/app-executive-order-9496-authorizing-the-secretary-war-take-possession-and-operate-the-plants.