Executive Order 8612 Constitutional Neutral (+0.02)
Executive Order 8612—Amendment of Executive Order No. 8572 of October 21, 1940, Authorizing the Priorities Board and the Administrator of Priorities To Perform Certain Functions Under Section 2(a) of the Act of June 28, 1940
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 1940-12-15, establishes federal administrative policy concerning "Amendment of Executive Order No. 8572 of October 21, 1940, Authorizing the Priorities Board and the Administrator of Priorities To Perform Certain Functions Under Section 2(a) of the Act of June 28, 1940." 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
▪8572 of October 21, 1940, authorizing the Priorities Board and the Administrator of Priorities to perform certain functions under section 2(a) of the act of June 28, 1940, is hereby amended to read as follows: " Whereas section 2(a) of the act of June 28, 1940, Public No.
Exec. Order No. 8612, Franklin D. Roosevelt (Dec 15, 1940). Available at https://executiveordersarchive.org/orders/app-executive-order-8612-amendment-executive-order-no-8572-october-21-1940-authorizing-the.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
Executive Order No. 8572 of October 21, 1940, authorizing the Priorities Board and the Administrator of Priorities to perform certain functions under section 2(a) of the act of June 28, 1940, is hereby amended to read as follows: " Whereas section 2(a) of the act of June 28, 1940, Public No. 671, 76th Congress, provides that all naval contracts and orders and all Army contracts and orders shall in the discretion of the President take priority over all deliveries for private account or for export; and " Whereas the public interest requires that provision be made to insure the prompt delivery of materials, articles, equipment, and supplies essential to the national defense; and " Whereas the Council of National Defense has established a Priorities Board composed of the following members of the Advisory Commission to the Council of National Defense: The Advisor on Industrial Production, as Chairman, the Advisor on Industrial Materials, and the Advisor on Price Stabilization; and " Whereas the Priorities Board has designated Mr. Donald M. Nelson as Administrator of Priorities: " Now, Therefore , by virtue of the authority vested in me the section 2(a) of the said act of June 28, 1940, and as President of the United States, I hereby approve the establishment of the aforesaid Board and the designation of the said Administrator and authorize the said Board and the said Administrator, acting in the public interest and in the interest of the national defense, under rules and regulations prescribed by the Board with the approval of the President, to require that deliveries of material under all orders placed pursuant to the authority of the said section 2(a) and all other naval and Army contracts and orders shall take priority over all deliveries for private account or for export." FRANKLIN D ROOSEVELT The White House, December 15, 1940.