Whereas piers, docks, and wharves forming a part of the terminal facilities of the Panama Canal, nineteen of which are suitable for ocean-going vessels (eleven being cargo docks and piers and eight special-purpose docks and piers) were constructed in part from funds of the Panama Railroad Company and in part from appropriations made by the Congress; and Whereas confusion has arisen in respect to the cargo docks and piers by reason of the fact that the control at both harbor terminals is divided between the Panama Canal and the Panama Railroad Company; and Whereas it appears desirable, without in any way transferring the ownership of the property involved, to consolidate and coordinate like operations under unified operating control; and Whereas the consolidation and coordination of all docks and piers used for general cargo purposes under the exclusive control and management of the Panama Railroad Company will afford a more simple and efficient method of operation; Now, Therefore , by virtue of and pursuant to the authority vested in me as President of the United States, the Governor of the Panama Canal is hereby authorized to contract with the Panama Railroad Company for the operation by that Company of Piers Nos. 6 and 16 at the Atlantic Terminal, and Piers Nos. 6, 7, 16, 18, and one-half of Pier No. 15 at the Pacific Terminal of the Panama Canal (all of which are owned by the Panama Canal), such operation to be carried on with funds of that Company and upon such terms and conditions as the Governor of the Panama Canal may deem equitable to both the Panama Canal and the Panama Railroad Company. FRANKLIN D. ROOSEVELT The White House, April 19, 1935.
Executive Order 7021—Authorizing the Governor of the Panama Canal to Arrange for the Operation by the Panama Railroad Company of Panama Canal Piers
Executive Brief • At a Glance
The Governor of the Panama Canal is hereby authorized to contract with the Panama Railroad Company for the operation by that Company of Piers Nos. 6 and 16 at the Atlantic Terminal, and Piers Nos. 6, 7, 16, 18, and one-half of Pier No. 15 at the Pacific Terminal of the Panama Canal (all of which are owned by the Panama Canal), such operation to be carried on with funds of that Company and upon such terms and conditions as the Governor of the Panama Canal may deem equitable to both the Panama Canal and the Panama Railroad Company.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on April 19, 1935, this order concerns Authorizing the Governor of the Panama Canal to Arrange for the Operation by the Panama Railroad Company of Panama Canal Piers. The Governor of the Panama Canal is hereby authorized to contract with the Panama Railroad Company for the operation by that Company of Piers Nos. 6 and 16 at the Atlantic Terminal, and Piers Nos. 6, 7, 16, 18, and one-half of Pier No. 15 at the Pacific Terminal of the Panama Canal (all of which are owned by the Panama Canal), such operation to be carried on with funds of that Company and upon such terms and…
Key Directives & Operative Actions
The Governor of the Panama Canal is hereby authorized to contract with the Panama Railroad Company for the operation by that Company of Piers Nos. 6 and 16 at the Atlantic Terminal, and Piers Nos. 6, 7, 16, 18, and one-half of Pier No. 15 at the Pacific Terminal of the Panama Canal (all of which are owned by the Panama Canal), such operation to be carried on with funds of that Company and upon such terms and conditions as the Governor of the Panama Canal may deem equitable to both the Panama Canal and the Panama Railroad Company.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
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 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."
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.
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
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
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 7021 (Apr. 19, 1935), https://executiveordersarchive.org/orders/app-executive-order-7021-authorizing-the-governor-the-panama-canal-arrange-for-the-operation.