ALASKA By virtue of the authority vested in me by the provisions of section 4 of the Air Commerce Act approved May 20, 1926 (44 Stat. 568, 570, U.S.C., title 49, sec. 174), the air-spaces over the hereinafter-described areas in the Territory of Alaska and over the territorial waters within the three-mile limits adjacent thereto are hereby set apart and reserved as naval airspace reservations, for purposes of the national defense and other governmental purposes; such reservations to be known as "Sitka Naval Airspace Reservation" and "Kodiak Naval Airspace Reservation", respectively. SITKA NAVAL AIRSPACE RESERVATION All of Japonski Island situated immediately west of the City of Sitka, Alaska, and that part of Sitka Bay lying south of Japonski Island and west of the main channel described by metes and bounds as follows: Beginning at the southeast' point of Japonskl Island at angle point No. 7 of the meanders of the U.S. Survey No. 1496; thence east approximately 12.00 chains to the center of the main channel; thence south 45° east along the main channel approximately 20.00 chains; thence south 45° west approximately 9.00 chains to the southeastern point of Aleutski Island; thence south 79° west approximately 40.00 chains to the southern point of Fruit Island; thence north 60° west approximately 50.00 chains to the southwestern point of Japonskl Island at angle point No. 35 of the U.S. Survey No. 1496; thence easterly with the meanders of Japonskl Island to the point of beginning including Charcoal, Aleutski, Harbor, Alice, Love, Fruit Islands, and a number of smaller unnamed islands, and containing a total land and water area of approximately 195 acres, being the same area described in Executive Order No. 8216, dated July 25, 1939. KODIAK NAVAL AIRSPACE RESERVATION The eastern portion of Kodiak Island described by metes and bounds as follows: Beginning at a point at Latitude 57°47'0" north, Longitude 152°26'30'' west, thence, W to Lat. 57°47'0" N, Long. 152°36'0" W S to Lat. 57°44'30" N, Long. 152°36'0" W SW to Lat. 57°42'0" N, Long. 152°38'0'' W S to Lat. 57°39'30" N, Long. 152°38'0" W E to Lat. 57°39'30" N, Long. 152°30'0'' W NE to Lat. 57°42'0" N, Long. 152°26'0" W N to Lat. 57°44'0" N, Long. 152°26'0" W NW to Lat. 57°47'0" N, Long. 152°26'30" W to the point of beginning, being the same area described in Executive Order No. 8278, dated October 28, 1939. At no time shall any aircraft, other than public aircraft of the United States, be navigated into, within, or through Sitka Naval Airspace Reservation or Kodiak Naval Airspace Reservation, unless authorized by the Secretary of the Navy. The provisions of the preceding paragraph shall be enforced by the Secretary of the Navy, with the cooperation of the local law enforcement officers of the United States and of the Territory of Alaska, and the Secretary of the Navy is hereby authorized to prescribe such regulations as may be necessary to carry out such provisions. Any person who shall violate any of the provisions of this order relating to Sitka Naval Airspace Reservation and Kodiak Naval Airspace Reservation will be subject to the penalties prescribed by the Civil Aeronautics Act of 1938 (52 Stat. 973). This order shall take effect ninety days after the date hereof. FRANKLIN D ROOSEVELT The White House, November 18, 1940.
Executive Order 8597—Establishing Sitka Naval Airspace Reservation and Kodiak Naval Airspace Reservation
Executive Brief • At a Glance
ALASKA By virtue of the authority vested in me by the provisions of section 4 of the Air Commerce Act approved May 20, 1926 (44 Stat. 568, 570, U.S.C., title 49, sec. 174), the air-spaces over the hereinafter-described areas in the Territory of Alaska and over the territorial waters within the three-mile limits adjacent thereto are hereby set apart and reserved as naval airspace reservations, for purposes of the national defense and other governmental purposes; such reservations to be known as "Sitka Naval Airspace Reservation" and "Kodiak Naval Airspace Reservation", respectively.
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 November 18, 1940, this order concerns Establishing Sitka Naval Airspace Reservation and Kodiak Naval Airspace Reservation. ALASKA By virtue of the authority vested in me by the provisions of section 4 of the Air Commerce Act approved May 20, 1926 (44 Stat. 568, 570, U.S.C., title 49, sec. 174), the air-spaces over the hereinafter-described areas in the Territory of Alaska and over the territorial waters within the three-mile limits adjacent thereto are hereby set apart and reserved as naval airspace reservations, for purposes of the…
Key Directives & Operative Actions
ALASKA By virtue of the authority vested in me by the provisions of section 4 of the Air Commerce Act approved May 20, 1926 (44 Stat. 568, 570, U.S.C., title 49, sec. 174), the air-spaces over the hereinafter-described areas in the Territory of Alaska and over the territorial waters within the three-mile limits adjacent thereto are hereby set apart and reserved as naval airspace reservations, for purposes of the national defense and other governmental purposes; such reservations to be known as "Sitka Naval Airspace Reservation" and "Kodiak Naval Airspace Reservation", respectively.
At no time shall any aircraft, other than public aircraft of the United States, be navigated into, within, or through Sitka Naval Airspace Reservation or Kodiak Naval Airspace Reservation, unless authorized by the Secretary of the Navy.
The provisions of the preceding paragraph shall be enforced by the Secretary of the Navy, with the cooperation of the local law enforcement officers of the United States and of the Territory of Alaska, and the Secretary of the Navy is hereby authorized to prescribe such regulations as may be necessary to carry out such provisions.
Any person who shall violate any of the provisions of this order relating to Sitka Naval Airspace Reservation and Kodiak Naval Airspace Reservation will be subject to the penalties prescribed by the Civil Aeronautics Act of 1938 (52 Stat. 973).
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
"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 president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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 (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 8597 (Nov. 18, 1940), https://executiveordersarchive.org/orders/app-executive-order-8597-establishing-sitka-naval-airspace-reservation-and-kodiak-naval.