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6.2 Legislative Acts

                49 U.S. Code § 40103.Sovereignty and use of airspace

       The United States Government has exclusive sovereignty of all airspace within the USA. This law is important because it is designed to do a couple of important things like keeping aviation safe and secure for all airline travelers, reducing illegal immigration, and protecting our airspace from foreign and unauthorized penetration.
        All US citizens have the right for transit through public airspace, but not all citizens have full operating rights within that airspace, for example, not just anyone is allowed to operate drones or airplanes in certain areas. Some spaces require Air Traffic Control authority for necessary operation. This law states the rights of citizens to utilize airspace while giving final authority to the US Government. 
        This law put away several theories US citizens had about who exactly owns what airspaces. Before air travel, they simply followed the rule of  "cujus est solum ejus est usque ad coelum et ad infernas." It translates to, " whoever owns the land owns everything above and below it." A looser grasp on airspace ownership was also put away as legislation created secure airspace in which our government and military may operate in order to continue keeping aviation safe.


References: 49 U.S. Code § 40103 - Sovereignty and use of airspace. (n.d.). Retrieved from https://www.law.cornell.edu/uscode/text/49/40103
Cummings, J. (1956). Ownership and Control of Airspace. Marquette Law Review,27(2), 1-2. Retrieved from https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3130&context=mulr.
Cummings, J. (1956). Ownership and Control of Airspace. Marquette Law Review,27(2), 1-2. Retrieved from https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3130&context=mulr.

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