Quote:
Originally Posted by CRedskinsRule
Um, you quoted the Judicial Branches authority over admiralty, as well as all other law.
Last I checked Judicial!=Legislative!=Executive.
If you read through Article I
You will find no such explicit mention. Having said that, still no need to get in a tizzy, since Lord Obama is willing to bend some for this lowly need.
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This is where a little critical thinking is required.
Regulating what goes on at sea falls under "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes" powers granted to congress. I mean, how exactly does one determine what waters belong to what State? It can also fall under "[provide for] general welfare of the United States." Yes, you can make the case for banning oil drilling due to the risk of oil spills and environmental damage it can do under general welfare clause.
What exactly does the
Federal Judicial Branch deal with? Issues concerning the Constitution I imagine. The mere fact that federal courts have jurisdiction implies that congress can regulate the sea.
If you're going to pedal "you will find no such explicit mention" nonsense you should be aware that congress can pass any law it wishes so long as no constitutional provisions are violated. That is to say the Constitution tells you what you can do but it doesn't necessarily mean it tells you what you can't do. There is a distinction between the two.
Lord Obama is Great!