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Executive Order 9685 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 9685—Authorizing the Secretary of Agriculture to Take Possession of and Operate Certain Plants and Facilities Used in the Production, Processing, Transportation, Sale and Distribution of Livestock, Meat, Meat Products and By-Products

Harry S Truman Harry S Truman
•
Thursday, January 24, 1946
•
11 min read (2,145 words)

Executive Brief • At a Glance

⏱️ 11 min read (2,145 words) • ● In Effect
🎯 Primary Mandate

The Secretary of Agriculture is authorized and directed to take possession of the plants and facilities described in the first paragraph of this order where there is any such interruption (including but not limited to those plants and facilities designated in the attached list), 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 Executive Departments & Federal Civil Servants Private Citizens & Property Owners Financial Institutions & Monetary Authorities
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 January 24, 1946, this order concerns Authorizing the Secretary of Agriculture to Take Possession of and Operate Certain Plants and Facilities Used in the Production, Processing, Transportation, Sale and Distribution of Livestock, Meat, Meat Products and By-Products. The Secretary of Agriculture is authorized and directed to take possession of the plants and facilities described in the first paragraph of this order where there is any such interruption (including but not limited to those plants and facilities designated in the attached list), 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…

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

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The Secretary of Agriculture is authorized and directed to take possession of the plants and facilities described in the first paragraph of this order where there is any such interruption (including but not limited to those plants and facilities designated in the attached list), 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.

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In furtherance of the purposes of this order, the Secretary of Agriculture 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 or the production, processing, transportation, sale, or 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, processing, transportation, sale, or distribution of the products and services thereof; and to take any other steps that he deems necessary to carry out…

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The Secretary of Agriculture shall operate the plants, facilities, and property mentioned herein under the terms and conditions of employment lawfully in effect at the time possession of such plants, facilities, and property is taken under this order, until and unless the duly authorized federal agencies shall, with the approval of the President, otherwise direct. 4.

▪

The Secretary of Agriculture may request the Secretary of War to furnish 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 their homes, and to furnish equipment, manpower, and other facilities or services deemed necessary by the Secretary of Agriculture to carry out the provisions and accomplish the purposes of this order; and the Secretary of War is authorized and directed upon such request to take such action as may be necessary to furnish such protection, equipment, manpower, or other facilities or services. 6.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

🏷️ Agriculture 🏷️ Labor & Employment 🏷️ Infrastructure & Transportation
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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
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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
46 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

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%).
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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
2,145
13,738 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
13.4
College Level
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

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WHEREAS after investigation I find and proclaim that as a result of existing and threatened strikes and other labor disturbances there are interruptions in the operation of plants and facilities used in the production, processing, transportation, sale or distribution of livestock, meat, meat products and by-products (including but not limited to those plants and facilities designated in the attached list); 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 each of these plants and facilities:

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 Agriculture is authorized and directed to take possession of the plants and facilities described in the first paragraph of this order where there is any such interruption (including but not limited to those plants and facilities designated in the attached list), 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 Agriculture 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 or the production, processing, transportation, sale, or 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, processing, transportation, sale, or 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 Agriculture shall operate the plants, facilities, and property mentioned herein under the terms and conditions of employment lawfully in effect at the time possession of such plants, facilities, and property is taken under this order, until and unless the duly authorized federal agencies shall, with the approval of the President, otherwise direct. 4. The Secretary of Agriculture may 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 Agriculture may request the Secretary of War to furnish 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 their homes, and to furnish equipment, manpower, and other facilities or services deemed necessary by the Secretary of Agriculture to carry out the provisions and accomplish the purposes of this order; and the Secretary of War is authorized and directed upon such request to take such action as may be necessary to furnish such protection, equipment, manpower, or other facilities or services. 6. In carrying out this order the Secretary of Agriculture 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 Treasury Department, Navy Department, Department of Justice, Department of Labor, and the Office of Price Administration, shall cooperate with the Secretary of Agriculture 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 Agriculture 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. 8. This order shall become effective immediately except that possession of any plant or facility shall not be made effective before 12:01 A. M., January 26, 1946. LIST OF PLANTS AND FACILITIES USED BY THE COMPANIES NAMED BELOW IN THE PRODUCTION, PROCESSING, TRANSPORTATION, SALE OR DISTRIBUTION OF LIVESTOCK, MEAT, MEAT PRODUCTS, AND BY-PRODUCTS Armour and Company, located in and around Birmingham, Alabama. Armour and Company, located in and around Los Angeles, California. Armour and Company, located in and around San Francisco, California. Armour and Company, located in and around Denver, Colorado. Armour and Company, located in and around Atlanta, Georgia. Armour and Company, located in and around Tifton, Georgia. Armour and Company, located in and around Chicago, Illinois. Armour and Company, located in and around East St. Louis, Illinois. Armour and Company, located in and around Peoria, Illinois. Armour and Company, located in and around Mason City, Iowa. Armour and Company, located in and around Sioux City, Iowa. Armour and Company, located in and around Kansas City, Kansas. Armour and Company, located in and around Lexington, Kentucky. Armour and Company, located in and around Louisville, Kentucky. Armour and Company, located in and around Baltimore, Maryland. Armour and Company, located in and around Boston, Massachusetts. Armour and Company, located in and around Detroit, Michigan. Armour and Company, located in and around St. Paul, Minnesota. Armour and Company, located in and around St. Joseph, Missouri. Armour and Company, located in and around St. Louis, Missouri. Armour and Company, located in and around Omaha, Nebraska. Armour and Company, located in and around East Orange, New Jersey. Armour and Company, located in and around Jersey City, New Jersey. Armour and Company, located in and around Newark, New Jersey. Armour and Company, located in and around North Bergen, New Jersey. Armour and Company, located in and around Passaic, New Jersey. Armour and Company, located in and around Paterson, New Jersey. Armour and Company, located in and around Jamaica, New York. Armour and Company, located in and around New York, N. Y. Armour and Company, located in and around Fargo, North Dakota Armour and Company, located in and around Grand Forks, North Dakota. Armour and Company, located in and around Akron, Ohio. Armour and Company, located in and around Cleveland, Ohio. Armour and Company, located in and around Columbus, Ohio. Armour and Company, located in and around Toledo, Ohio. Armour and Company, located in and around Youngstown, Ohio. Armour and Company, located in and around Oklahoma City, Oklahoma. Armour and Company, located in and around Kenton, Oregon. Armour and Company, located in and around Braddock, Pennsylvania. Armour and Company, located in and around Johnstown, Pennsylvania. Armour and Company, located in and around Pittsburgh, Pennsylvania. Armour and Company, located in and around Reading, Pennsylvania. Armour and Company, located in and around Wilkes-Barre, Pennsylvania. Armour and Company, located in and around Huron, South Dakota. Armour and Company, located in and around Memphis, Tennessee. Armour and Company, located in and around Fort Worth, Texas. Armour and Company, located in and around Spokane, Washington. Armour and Company, located in and around Green Bay, Wisconsin. Armour and Company, located in and around Milwaukee, Wisconsin. Bartusch Packing Company, located in and around South St. Paul, Minnesota. Cudahy Bros. Company, located in and around Cudahy, Wisconsin. Cudahy Packing Company, located in and around Los Angeles, California. Cudahy Packing Company, located in and around Denver, Colorado. Cudahy Packing Company, located in and around Albany, Georgia. Cudahy Packing Company, located in and around E. Chicago, Indiana. Cudahy Packing Company, located in and around Sioux City, Iowa. Cudahy Packing Company, located in and around Kansas City, Kansas. Cudahy Packing Company, located in and around Wichita, Kansas. Cudahy Packing Company, located in and around Newport, Minnesota. Cudahy Packing Company, located in and around Omaha, Nebraska. Cudahy Packing Company, located in and around Jersey City, New Jersey. Cudahy Packing Company, located in and around New York City, N. Y. Cudahy Packing Company, located in and around Salt Lake City, Utah. Estherville Packing Company, located in and around Estherville, Iowa. Fairfield Food Fair Stores, located in and around St. Paul, Minnesota. Fort Green Markets, located in and around New York, N. Y. Hunter Packing Company, located in and round East St. Louis, Illinois. Kingan and Company, located in and around Dothan, Alabama. Kingan and Company, located in and around Indianapolis, Indiana. Kingan and Company, located in and around Storm Lake, Iowa. Kingan and Company, located in and around Omaha, Nebraska. Kingan and Company, located in and around Orangeburg, South Carolina. Kingan and Company, located in and around Richmond, Virginia. Kohrs Packing Company, located in and around Davenport, Iowa. John Morrell and Company, located in and around Ottumwa, Iowa. John Morrell and Company, located in and around Topeka, Kansas. John Morrell and Company, located in and around Sioux Falls, South Dakota. Rath Packing Company, located in and around Waterloo, Iowa. Superior Packing Company, located in and around South St. Paul, Minnesota. Swift and Company, located in and around Montgomery, Alabama. Swift and Company, located in and around Los Angeles, California. Swift and Company, located in and around San Francisco, California. Swift and Company, located in and around South San Francisco, California. Swift and Company, located in and around Denver, Colorado. Swift and Company, located in and around New Haven, Connecticut. Swift and Company, located in and around Moultrie, Georgia. Swift and Company, located in and around Chicago, Illinois. Swift and Company, located in and around National City, Illinois. Swift and Company, located in and around Evansville, Indiana. Swift and Company, located in and around Des Moines, Iowa. Swift and Company, located in and around Marshalltown, Iowa. Swift and Company, located in and around Perry, Iowa. Swift and Company, located in and around Sioux City, Iowa. Swift and Company, located in and around Kansas City, Kansas. Swift and Company, located in and around Lake Charles, Louisiana. Swift and Company, located in and around Baltimore, Maryland. Swift and Company, located in and around Somerville, Massachusetts. Swift and Company, located in and around Cambridge, Massachusetts. Swift and Company, located in and around Springfield, Massachusetts. Swift and Company, located in and around St. Paul, Minnesota. Swift and Company, located in and around So. St. Joseph, Missouri. Swift and Company, located in and around St. Louis, Missouri. Swift and Company (Independent), located in and around St. Louis, Missouri. Swift and Company, located in and around Omaha, Nebraska. Swift and Company, located in and around Harrison, New Jersey. Swift and Company, located in and around Jersey City, New Jersey. Swift and Company, located in and around Newark, New Jersey. Swift and Company, located in and around New York, N. Y. Swift and Company, located in and around Cleveland, Ohio. Swift and Company, located in and around Columbus, Ohio. Swift and Company, located in and around Clington, Oklahoma. Swift and Company, located in and around North Portland, Oregon. Swift and Company, located in and around Harrisburg, Pennsylvania. Swift and Company, located in and around Watertown, South Dakota. Swift and Company, located in and around Nashville, Tennessee. Swift and Company, located in and around Dallas, Texas. Swift and Company, located in and around Fort Worth, Texas. Swift and Company, located in and around San Antonio, Texas. Swift and Company, located in and around Milwaukee, Wisconsin. Swift and Company, located in and around St. Louis, Missouri. Tobin Packing Company, located in and around Fort Dodge, Iowa. Union Stock Yards, located in and around St. Paul, Minnesota. Union Stock Yards, located in and around West Fargo, North Dakota. Westchester Markets, located in and around New York, N. Y. Wilson and Company, located in and around Los Angeles, California. Wilson and Company, located in and around Chicago, Illinois. Wilson and Company, located in and around Cedar Rapids, Iowa. Wilson and Company, located in and around Kansas City, Kansas. Wilson and Company, located in and around Albert Lea, Minnesota. Wilson and Company, located in and around Faribault, Minnesota. Wilson and Company, located in and around Omaha, Nebraska. Wilson and Company, located in and around New York, N. Y. Wilson and Company, located in and around Columbus, Georgia. Wilson and Company, located in and around San Diego, California. HARRY S. TRUMAN

THE WHITE HOUSE, #signature

January 24, 1946

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

References Executive Order 9690—Amending Executive Order 9685 Authorizing the Secretary of Agriculture to Take Possession of and Operate Certain Plants and Facilities Used in the Production, Processing, Transportation, Sale and Distribution of Livestock Meat, Meat Products and By-Products
Harry S Truman • 1946-02-02
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Scholarly & Legal Citations 

Exec. Order No. 9685 (Jan. 24, 1946), https://executiveordersarchive.org/orders/app-executive-order-9685-authorizing-the-secretary-agriculture-take-possession-and-operate.