Sovereign Skies: The Origins of American Civil Aviation Policy by Sean Seyer (review)

While the history of regulation encompasses a wide historiography, that of the regulation of civil aviation, particularly in the United States, is not so varied. Most of the works are legalistic interpretations that fail to address the reasoning behind the decisions or the consequences. The few scholarly accounts concentrate on the years of the Federal Aviation Administration and focus less on the roots of civil aviation regulation in the early twentieth century. For most historians, the story starts where Seyer leaves off—the creation of the 1926 Air Commerce Act. As such, Seyer provides an invaluable addition to the literature of American civil aviation, complementing the work of others such as Nick Komons.

Sean Seyer ably addresses this general dearth of scholarship in his pioneering original work Sovereign Skies. He traces the roots of civil aviation regulation from the earliest years of the Industrial Revolution and the consequent transformative transportation innovations. Seyer's account opens a new path by clearly demonstrating the critical influence of foreign ideas and concepts on those individuals who would eventually build the foundations of civil aviation regulation in America. Sovereign Skies is a descriptive story about the relationship between the airplane and the government, and it fills a significant gap in the literature.

The advent of the airplane dramatically changed the dynamics of state control. Moving in three dimensions, the airplane challenged previous assumptions of sovereignty as it transcended political barriers. The air-plane also brought into the spotlight the question of constitutional federalism and how far, and in what manner, the national government could go in exerting its authority over the states. Because the airplane's speed and freedom of movement challenged inconsistent and conflicting local rules, it was vital for U.S. civil aviation policy to adopt a wider view than its traditional isolationism. To this end, the myriad of mid-level leaders drew on their experience with regulation and newly emerging international principles to redefine the government's relationship with powered flight.

Seyer begins by providing a thorough precis on the history of nineteenth-century regulation in the United States. He emphasizes the concerns of burgeoning transportation technologies that challenged the traditional ideas of state versus federal control that were not elucidated in the Constitution. World War I was the impetus for a national air policy driven by British and Canadian concerns about border sovereignty. The subsequent 1919 Convention Relating to the Regulation of Aerial Navigation set the example but initially failed in the United States, as it was part of the ill-fated League of Nations.

Efforts were made during the Harding Administration to solve the conflict between those who argued for a unified Department of the Air, versus those who argued that civil and military aviation remain separate. Spurred by the rising number of accidents, a national air policy gradually took form. Legislators and advocates finally agreed that federal regulation of the air was covered by the Commerce Clause in the Constitution, thus opening the way to practical legislation that also conformed to the International Air Navigation Convention. Initial efforts failed, however.

All this changed in 1925 when President Coolidge took action following several dramatic incidents. Three subsequent investigations revealed the need for universal standards and immediate legislation, resulting in the Air Commerce Act of 1926, which incorporated much from the 1919 International Convention. Furthermore, the pressing need to rationalize U.S. regulations for international flight pushed the United States to develop safety codes in order to secure insurance and attract investors. Through concerted efforts, safety rules were drafted based upon Canadian Air Regulations and the International Convention. Only in Latin America did the extension of U.S. regulation to protect U.S. hegemony meet with effective resistance.

Seyer clearly and concisely demonstrates the direct links between aerial regulation in Europe and Canada, and the U.S. development of its domestic regulation. He concludes that the airplane's unique ability to move in three...