new drilling in the U.S

[saden1]

Originally Posted by CRedskinsRule

No need to get all in a tizzy Mr. Saden. I was responding with my tongue in cheek guess on FD's response, but again, the Constitution, last I checked doesn't specifically mention off-shore drilling, and so an elastic clause/10th amendment debate is just too much for me this morning.

It mentions who has admiralty and maritime jurisdiction and that's all the Constitution needs to do. It doesn't have to talk about fishing or drilling or anything else. Save your energy, no need to debate Section 2 of Article III.

[CRedskinsRule]

Originally Posted by saden1

It mentions who has admiralty and maritime jurisdiction and that's all the Constitution needs to do. It doesn't have to talk about fishing or drilling or anything else. Save your energy, no need to debate Section 2 of Article III.

Um, you quoted the Judicial Branches authority over admiralty, as well as all other law.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction

Last I checked Judicial!=Legislative!=Executive.
If you read through Article I

Section 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. elastic clause

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.

[saden1]

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.

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!