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Executive Order 7138 Constitutional Neutral (+0.02)

Executive Order 7138—Establishing Airspace Reservations Over Certain Military and Naval Reservations and Other Areas

Franklin D. Roosevelt Franklin D. Roosevelt
•
Monday, August 12, 1935
•
2 min read (308 words)

Plain-English Translation & Framers' Constitutional Analysis

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 1935-08-12, establishes federal administrative policy concerning "Establishing Airspace Reservations Over Certain Military and Naval Reservations and Other Areas." 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

▪ Persons operating aircraft within the airspace reservations herein established in violation of the provisions of this order or of the said Air Commerce Act of 1926 will be subject to the penalties prescribed by section 11 of the said act.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners
Total Words
308
2,125 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
11.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 7138, Franklin D. Roosevelt (Aug 12, 1935). Available at https://executiveordersarchive.org/orders/app-executive-order-7138-establishing-airspace-reservations-over-certain-military-and-naval.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of and pursuant to the authority vested in me by section 4 of the Air Commerce Act of 1926 (44 Stat. 568, 570), the airspaces over the military and naval reservations and other areas hereinafter designated are hereby reserved and set aside for governmental purposes as airspace reservations within which civil aircraft, for reasons of public safety, are forbidden to be operated except by special permission in each case of that department of the Government of the United States having jurisdiction over the reservations or areas concerned: Picatinny Arsenal, Dover, New Jersey. Savanna Ordnance Depot, Savanna, Illinois. Nansemond Ordnance Depot, Portsmouth, Virginia. Wingate Ordnance Depot, Gallup, New Mexico. Camp Stanley Ordnance Reservations, Leon Springs, Texas. Fort Hancock, Sandy Hook, New Jersey. Fort Saulsbury, about 4 miles east of Milford, Delaware. Fort Pickens, western portion of Santa Rosa Island, Pensacola Bay, Florida. Fort Barry, near Point Bonita Lighthouse, San Francisco Bay, California. Fort Canby, near Cape Disappointment Lighthouse, Washington. Fort Casey, near Admiralty Head Lighthouse, Washington. Naval Ammunition Depot, Hingham, Massachusetts. Naval Ammunition Depot, Fort Lafayette, New York. Naval Ammunition Depot, Lake Denmark, New Jersey. Naval Ammunition Depot, St. Juliens Creek, Virginia. Naval Ammunition Depot, Hawthorne, Nevada. Naval Ammunition Depot, Mare Island, California. Naval Ammunition Depot, Puget Sound, Washington. Naval Mine Depot, Yorktown, Virginia. Naval Torpedo Station, Newport, Rhode Island. Naval Torpedo Station, Keyport, Washington. Naval Ordnance Plant, Baldwin, Long Island, New York. Naval Fuel Depot, San Diego, California. That part of the Aleutian Islands, Alaska, with their territorial waters, lying west of the 167th meridian, west longitude. Persons operating aircraft within the airspace reservations herein established in violation of the provisions of this order or of the said Air Commerce Act of 1926 will be subject to the penalties prescribed by section 11 of the said act. FRANKLIN D. ROOSEVELT The White House, August 12, 1935.