★
Executive Orders Historical Archive
🎲
Cite
Executive Order 9639 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9639—Authorizing the Secretary of the Navy to Take Possession of and Operate Certain Plants and Facilities Used in the Transportation, Refining and Processing of Petroleum and Petroleum Products

Harry S Truman Harry S Truman
•
Thursday, October 4, 1945
•
8 min read (1,511 words)

Executive Brief • At a Glance

⏱️ 8 min read (1,511 words) • ● In Effect
🎯 Primary Mandate

The Secretary of the Navy is hereby authorized and directed to take possession of the plants and facilities used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof, or such part or parts of each of such plants and facilities as he deems necessary, and to the extent he may deem necessary, to take possession of any real or personal property and other assets, wherever situated, used in connection with the operation of such plants and facilities; and to operate or to arrange for the use and operation of such plants and facilities in any manner that he deems necessary in the interest of the war effort. 2.

View all 4 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Harry S Truman on October 4, 1945, this order concerns Authorizing the Secretary of the Navy to Take Possession of and Operate Certain Plants and Facilities Used in the Transportation, Refining and Processing of Petroleum and Petroleum Products. The Secretary of the Navy is hereby authorized and directed to take possession of the plants and facilities used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof, or such part or parts of each of such plants and facilities as he deems necessary, and to the extent he may deem necessary, to take possession of any real 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

▪

The Secretary of the Navy is hereby authorized and directed to take possession of the plants and facilities used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof, or such part or parts of each of such plants and facilities as he deems necessary, and to the extent he may deem necessary, to take possession of any real or personal property and other assets, wherever situated, used in connection with the operation of such plants and facilities; and to operate or to arrange for the use and operation of such plants and facilities in any manner that he deems necessary in the interest of the war effort. 2.

▪

In furtherance of the purposes of this order, the Secretary of the Navy is authorized to select and hire such employees and agents as he deems necessary and suitable to carry out the provisions of this order; to exercise any contractual or other rights of the owners of said plants, facilities, and property incident to the operation of said plants, facilities, and property or the production, sale, and distribution of the products and services thereof; to do any and all other things that he may deem necessary or desirable for, or incidental to, the use and operation of said plants, facilities, and property, or the production, sale, and distribution of the products and services thereof; and to take any other steps that he deems necessary to…

▪

The Secretary of the Navy shall operate the plants, facilities, and property mentioned herein pursuant to the provisions of the War Labor Disputes Act and under the terms and conditions of employment which are lawfully in effect at the time possession of such plants, facilities, and property is taken under this order, subject to the provisions of Section 5 of the War Labor Disputes Act. 4.

▪

The Secretary of the Navy shall permit, upon such terms and conditions as he deems advisable, the management of the plants, facilities, and property taken under this order to continue its managerial functions to the extent consistent with the purposes of this order. 5.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Energy & Environment 🏷️ National Security & Defense 🏷️ Labor & Employment
🏛️

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)
§

"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
📐

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
53 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

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%).
ℹ️
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
1,511
9,641 characters
Estimated Read Time
8 min
@ 200 words / min
Flesch-Kincaid
14.7
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

WHEREAS after investigation I find and proclaim that there are interruptions in the operation of the plants and facilities used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof, as a result of existing and threatened strikes and other labor disturbances; that the war effort will be unduly impeded or delayed by such 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 used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof;

NOW, THEREFORE, #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 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 the Navy is hereby authorized and directed to take possession of the plants and facilities used in the transportation, refining, and processing of petroleum and petroleum products designated in the list attached hereto and made a part hereof, or such part or parts of each of such plants and facilities as he deems necessary, and to the extent he may deem necessary, to take possession of any real or personal property and other assets, wherever situated, used in connection with the operation of such plants and facilities; and to operate or to arrange for the use and operation of such plants and facilities in any manner that he deems necessary in the interest of the war effort. 2. In furtherance of the purposes of this order, the Secretary of the Navy is authorized to select and hire such employees and agents as he deems necessary and suitable to carry out the provisions of this order; to exercise any contractual or other rights of the owners of said plants, facilities, and property incident to the operation of said plants, facilities, and property or the production, sale, and distribution of the products and services thereof; to do any and all other things that he may deem necessary or desirable for, or incidental to, the use and operation of said plants, facilities, and property, or the production, sale, and distribution of the products and services thereof; and to take any other steps that he deems necessary to carry out the provisions and purposes of this order. 3. The Secretary of the Navy shall operate the plants, facilities, and property mentioned herein pursuant to the provisions of the War Labor Disputes Act and under the terms and conditions of employment which are lawfully in effect at the time possession of such plants, facilities, and property is taken under this order, subject to the provisions of Section 5 of the War Labor Disputes Act. 4. The Secretary of the Navy shall permit, upon such terms and conditions as he deems advisable, the management of the plants, facilities, and property taken under this order to continue its managerial functions to the extent consistent with the purposes of this order. 5. The Secretary of the Navy is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for, and prevent interference with, the plants, facilities, and property taken under this order and all persons employed or seeking employment therein, their families and homes, and he is further authorized to take such appropriate disciplinary action, not inconsistent with law, as may be necessary to effectuate the purposes of this order. Upon the request of the Secretary of the Navy or his duly authorized representative, the Department of Justice, through the Federal Bureau of Investigation, shall immediately undertake and conduct an investigation of any matter affecting the operation of said plants, facilities, and property or government possession thereof hereunder. 6. In carrying out this order the Secretary of the Navy may act through or with the aid of such public or private instrumentalities, persons, or corporations as he may designate. All Federal agencies, including but not limited to the Department of Justice, the National Labor Relations Board, the Department of Labor, Department of the Interior, the National Selective Service System, and the Office of Price Administration, shall cooperate with the Secretary of the Navy to the fullest extent of their authority in carrying out the purposes of this order. 7. Possession, control and operation of any plant, facility, or property, or portion thereof, of which possession is taken under this order shall be terminated by the Secretary of the navy as soon as practicable, but in no event more than sixty days after he determines that the productive efficiency of the plant, facility, or property, or portion thereof, prevailing prior to the existing interruptions referred to in the recitals of this order has been restored. LIST OF PLANTS AND FACILITIES USED BY THE COMPANIES NAMED BELOW IN THE TRANSPORTATION, REFINING AND PROCESSING OF PETROLEUM AND PETROLEUM PRODUCTS Ashland Oil and Refining Company, located in and around Cattelettsburg, Ky. Atlantic Refining Company located in and around Atreco, Texas. Canton Refining Division of Central Pipe Line Company, located in and around Canton, Ohio. Chalmette Petroleum Corporation, located in and around Chalmette, La. Cities Service Oil Company (Del.), located in and around E. Chicago, Indiana Cities Service Oil Company (Pa.), located in and around Linden, N.J. Crown Central Petroleum Corporation, located in and around Houston, Texas. Elk Refining Company, located in and around Falling Rock, West Virginia Gulf Oil Corporation, located in and around Port Arthur, Texas. Gulf Refining Company, located in and around Toledo, Ohio. Humble Oil & Refining Company, located in and around Ingleside, Texas. Johnson Oil Supply Company, located in and around Gary, Indiana. Magnolia Petroleum Company, located in and around Beaumont, Texas. National Refining Company, located in and around Findlay, Ohio. Pan American Refining Corporation, located in and around Texas City, Texas. Pan American Pipe Line Company (all pipeline facilities located in the State of Texas, and related facilities). Petroleum Specialties, Inc., located in and around Flat Rock, Michigan. Phillips Petroleum Company, located in and around Kansas City, Kansas. Phillips Petroleum Company, located in and around Okmulgee, Oklahoma Pure Oil Company, located in and around Cabin Creek, West Virginia. Pure Oil Company, located in and around Midland, Michigan. Pure Oil Company, located in and around Smiths Bluff, Texas. Pure Oil Company, located in and around Toledo, Ohio. Republic Oil Refining Company, located in and around Texas City, Texas. Shell Oil Company, Inc., located in and around Houston, Texas. Shell Oil Company, Inc. (combination 6" and 8" petroleum pipeline extending from Wood River, Illinois, through Lima, Ohio, and Springfield, Ohio, to Columbus, Ohio, and related facilities; and 8" petroleum pipeline extending from Wood River, Illinois, to Chicago, Illinois, and related facilities). Sinclair Refining Company, located in and around Coffeyville, Kansas. Sinclair Refining Company, located in and around Corpus Christi, Texas. Sinclair Refining Company, located in and around E. Chicago, Indiana. Sinclair Refining Company, located in and around Fort Worth, Texas. Sinclair Refining Company, located in and around Houston, Texas. Sinclair Refining Company, located in and around Kansas City, Kansas. Sinclair Refining Company, located in and around Marcus Hook, Pennsylvania. Sinclair Refining Company, located in and around Sand Springs, Oklahoma. Sinclair Refining Company, located in and around Sinclair, Wyoming Sinclair Refining Company, located in and around Wellsville, New York. Sinclair Refining Company (all petroleum pipeline facilities in United States, and related facilities). Socony-Vacuum Oil Company, Inc., located in and around Augusta, Kansas. Socony-Vacuum Oil Company, Inc., located in and around East Chicago, Indiana. Socony-Vacuum Oil Company, Inc., located in and around Trenton, Michigan. Southport Division of American Liberty Oil Company, located in and around Texas City, Texas. Standard Oil Company (Ohio), located in and around Cleveland, Ohio. Standard Oil Company (Ohio), located n and around Lima, Ohio. Standard Oil Company (Ohio), located in and around Toledo, Ohio. Sun Oil Company, located in and around Toledo, Ohio. The Texas Company, located in and round Houston, Texas. The Texas Company, located in and around Lawrenceville, Illinois. The Texas Company, located in and around Lockport, Illinois. The Texas Company, located in and around Port Arthur, Texas. The Texas Company, located in and around Port Neches, Texas. The Texas Company, located in and around West Tulsa, Oklahoma. The Texas Pipe Line Company (all petroleum pipeline facilities located in the State of Texas in the South Texas Division of the Texas Pipe Line Company, and related facilities; and all petroleum pipeline facilities located in the States of Illinois and Indiana in the Illinois-Indiana Division of the Texas Pipe Line Company, and related facilities). Union Oil Company of California, located in and around Oleum, California. Union Oil Company of California, located in and around Wilmington, California. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

October 4, 1945

📜

Scholarly & Legal Citations 

Exec. Order No. 9639 (Oct. 4, 1945), https://executiveordersarchive.org/orders/app-executive-order-9639-authorizing-the-secretary-the-navy-take-possession-and-operate.