Executive Order 9490 Constitutional Neutral (+0.02)
Executive Order 9490—Transfer of Functions of the Secretary of War and the Secretary of the Navy Under Section 124 of the Internal Revenue Code, to the Chairman of the War Production Board
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 1944-10-20, establishes federal administrative policy concerning "Transfer of Functions of the Secretary of War and the Secretary of the Navy Under Section 124 of the Internal Revenue Code, to the Chairman of the War Production Board." 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
▪838), and as President of the United States, and in order to enable the Chairman of the War Production Board more effectively to carry out his responsibilities with respect to the regulation of production and supply of materials, articles, equipment, and services, required for the national defense, it is ordered as follows: 1.
▪So much as the Director of the Bureau of the Budget shall determine of the appropriations, allocations, and other funds available for, and of the records, property, and civilian personnel used primarily in, the administration of the functions, powers, and duties transferred by this order, shall be transferred from the War and Navy Departments to the War Production Board.
▪All prior Executive orders in conflict with this order are amended accordingly.
Exec. Order No. 9490, Franklin D. Roosevelt (Oct 20, 1944). Available at https://executiveordersarchive.org/orders/app-executive-order-9490-transfer-functions-the-secretary-war-and-the-secretary-the-navy-under.
Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by Title I of the First War Powers Act, 1941 (55 Stat. 838), and as President of the United States, and in order to enable the Chairman of the War Production Board more effectively to carry out his responsibilities with respect to the regulation of production and supply of materials, articles, equipment, and services, required for the national defense, it is ordered as follows: 1. There are hereby transferred to the Chairman of the War Production Board all functions, powers, and duties, not heretofore transferred, of the Secretary of War and the Secretary of the Navy under (a) section 124 of the Internal Revenue Code, (b) regulations and all amendments thereof issued under such section, and (c) any Executive order relating to such section, including particularly, but not by way of limitation, the functions, powers, and duties with respect to amending necessity certificates issued pursuant to section 124(f) of the Internal Revenue Code, and with respect to certification pursuant to section 124(h) of the Internal Revenue Code. 2. So much as the Director of the Bureau of the Budget shall determine of the appropriations, allocations, and other funds available for, and of the records, property, and civilian personnel used primarily in, the administration of the functions, powers, and duties transferred by this order, shall be transferred from the War and Navy Departments to the War Production Board. 3. All prior Executive orders in conflict with this order are amended accordingly. FRANKLIN D ROOSEVELT The White House, October 20, 1944.
