By virtue of the authority conferred upon the President of the United States by the so-called Panama Canal Act approved August 24, 1912 (37 Stat. 560) and the so-called Air Commerce Act approved May 20, 1926 (44 Stat. 568), I hereby declare the Panama Canal Zone including the "three mile limit" to be a Military Airspace Reservation. The following regulations, applying exclusively to private aircraft as herein described, will control aerial navigation in the Panama Canal Zone. * * * * * * * 1. Definitions . The following shall be deemed to be state aircraft: a. Military and naval aircraft; b. Aircraft exclusively employed in state service, such as post, customs and police. Every other aircraft shall be deemed to be a private aircraft. All state aircraft, other than military, naval, customs and/or police aircraft shall be treated as private aircraft, and as such shall be subject to all the provisions of these regulations. "AIRCRAFT" as used herein means "any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment". "AIRSPACE" as used herein shall be construed to mean the air vertically overlying any area that may be designated. 2. Subject to the provisions of Executive Order No. 4971 dated September 28, 1928, the control of civil aviation in the Panama Canal Zone shall be under the direction of the Governor of the Panama Canal. 3. Private aircraft shall be considered to have the nationality of the state in which it is duly registered, but no aircraft will be considered as validly registered in more than one state. 4. All private aircraft intending to enter the Panama Canal Zone or the airspace thereof shall carry in the custody of the aircraft commander: a. A certificate of registration, duly certified to according to the laws of the state in which it is registered; b. A certificate of airworthiness, as provided for by the laws of its country; c. Certificates of competency of the commander, pilots, engineers and crew, as provided by the laws of its country, and in addition, the certificate shall set forth that the pilot has passed a satisfactory examination with regard to the provisions of regulations controlling aerial navigation in the Panama Canal Zone. d. If passengers are carried, a list of their names, addresses and nationality. e. If carrying merchandise, the bills of lading, and manifests, and all other documents required by customs laws and regulations of the state from which the aircraft last cleared. f. Log Books. g. If equipped with radio apparatus, the corresponding license. 5. Upon landing in the Panama Canal Zone, the private aircraft, its contents, crew and passengers will be inspected by proper authorities designated by the Governor. This inspection will cover the papers of the aircraft including registrations, certificates and licenses, prohibited articles, immigration, customs, police and sanitary regulations in force or hereafter placed in force in the Panama Canal Zone. 6. a. Every private aircraft engaged in air traffic in and through the airspace of the Panama Canal Zone will be required to enter, transit and leave in accordance with prescribed routes, and to land at a designated airdrome in the Canal Zone, except in case of forced landing, which must be proved. If for any reason any private aircraft lands in the Panama Canal Zone at a point other than the airports designated, the aircraft commander shall immediately notify the nearest Panama Canal Zone authorities and hold himself, crew, passengers, and cargo at the point of landing until clearance for a take-off is granted by competent authority, except in an emergency which must be proved. b. Every private aircraft engaged in aerial navigation in and through the airspace of the Panama Canal Zone prior to its departure from the territorial jurisdiction of the Panama Canal Zone shall obtain such clearance as is required by the laws and/or regulations of the Canal Zone at the airdrome designated as point of departure for the Panama Canal Zone. c. All inspections, regulations and administration of commercial aviation will be conducted at designated landing areas within the Panama Canal Zone. d. In addition to the provisions of this order, the Governor of the Panama Canal will prepare such other rules and regulations as may become necessary from time to time, governing air traffic, method of entering, leaving and/or transiting the Canal Zone; designating prohibited areas, landing fields, signals, markings, and allied subjects. Such rules and regulations will be submitted to the Secretary of War for approval and will be forwarded by him to the Secretary of State for promulgation. 7. In special circumstances the Governor of the Panama Canal may suspend any or all aircraft operations over or within the Canal Zone. 8. Prohibited articles . a. The carriage by private aircraft of arms and munitions of war, and of such articles as are or may be prohibited by law and regulations of the United States in force in the Panama Canal Zone or of the state in which the aircraft is registered is prohibited. b. Express license and authority must be procured from authorized Panama Canal Zone officials for the carriage in private aircraft of arms for hunting or protection of crew and cargo, commercial explosives, photographic apparatus not boxed and sealed, and such other articles as the Governor of the Panama Canal may prescribe. 9. Photography . It is unlawful to use or to permit or procure the use of a private aircraft for the purpose of making any photograph, sketch, picture, drawing, map, or graphical representation of military and naval installations or equipment in the Panama Canal Zone, without first obtaining permission of the Governor of the Panama Canaland thereafter promptly and before any use is made thereof, submitting the product made to the same authority for censorship or such other action as he may deem necessary. 10. a. Such services, supplies, and shelter as are or may be authorized by Army or Navy Regulations may be furnished to private aircraft when in the opinion of responsible officials measures for the defense of the Canal Zone will not be jeopardized or embarrassed thereby. b. Furnishing of other services, supplies, and shelter shall be by regulation promulgated by properly constituted authority. c. The Governor of the Panama Canal will regulate the use of military or naval landing areas as airports by private aircraft within the limits authorized by the War Department and the Navy Department to the extent which may be necessary for the maintenance of efficiency of installations for the defense of the Canal. 11. Penalties . Under authority of Section 10 of the Panama Canal Act (37 Stat. 560), any person violating any of the regulations promulgated herein or pursuant to this order shall be guilty of a misdemeanor, and on conviction in the District Court of the Canal Zone shall be punished by a fine not exceeding Five Hundred ($500.00) Dollars, or by imprisonment not exceeding one year, or both, n the discretion of the Court. CALVIN COOLIDGE The White House, February 18, 1929.
Executive Order 5047—Declaring the Panama Canal Zone to be a Military Airspace Reservation
Executive Brief • At a Glance
I hereby declare the Panama Canal Zone including the "three mile limit" to be a Military Airspace Reservation.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Calvin Coolidge on February 18, 1929, this order concerns Declaring the Panama Canal Zone to be a Military Airspace Reservation. I hereby declare the Panama Canal Zone including the "three mile limit" to be a Military Airspace Reservation. The following regulations, applying exclusively to private aircraft as herein described, will control aerial navigation in the Panama Canal Zone. * * * * * * * 1. Definitions . The following shall be deemed to be state aircraft: a. Military and naval aircraft; b.
Key Directives & Operative Actions
I hereby declare the Panama Canal Zone including the "three mile limit" to be a Military Airspace Reservation.
The following shall be deemed to be state aircraft: a.
Every other aircraft shall be deemed to be a private aircraft.
All state aircraft, other than military, naval, customs and/or police aircraft shall be treated as private aircraft, and as such shall be subject to all the provisions of these regulations.
Constitutional & Societal Entities Impacted
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 takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb."
James Madison
Separation of Powers & Legislative Primacy
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny." — Federalist No. 47 (1788)
Madison would express grave alarm over this order. By asserting independent authority in tension with legislative limits or the Bill of Rights, the Executive risks collapsing the separation of powers into unilateral rule. Under the Madisonian model, no emergency justifies the Executive substituting its decree for a deliberative Act of Congress.
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 purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)
George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.
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
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Invokes broad unilateral or emergency executive authorities that test the constitutional boundary of the Take Care Clause.
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
Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.
Youngstown Jacksonian Tier
The order asserts independent Article II prerogative against statutory constraints, reallocates funds without explicit appropriation, or stretches executive power into realms constitutionally reserved to the legislature or judiciary.
This directive engages significant constitutional friction across statutory authorization, legislative prerogatives, or individual liberties.
Scholarly & Legal Citations
Exec. Order No. 5047 (Feb. 18, 1929), https://executiveordersarchive.org/orders/app-executive-order-5047-declaring-the-panama-canal-zone-be-military-airspace-reservation.