The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
35. The power of Congress, expressly delegated to it, “to define and
punish piracies and felonies committed on the high seas, and offenses
against the law of nations,” is not exclusive. The States are not
prohibited from legislating on the subject. Offenses committed within
the jurisdiction of a State are punishable by State laws. Such offenses
are punishable by common law. If there is no act of Congress covering
the offense, then the United States has not assumed jurisdiction. But
absence of a specific mention or definition of the offense does not
invalidate a claim of jurisdiction when the result of the offense
is piracy. Piracy is robbery committed within the jurisdiction of
the admiralty,[84] but an offense that effects piracy, though not
technically robbery, is piracy.[85] As piracy is an offence against
the law of nations, and not strictly against domestic municipal law,
it falls within the jurisdiction of the admiralty—a jurisdiction over
which the judicial power of the United States is expressly extended by
the Constitution.[86] This jurisdiction is not exclusive as provided
for by the Constitution. Practically, however, the States do not
legislate on the subject, unless it be to provide for the execution of
their police power over their own waters.
36. The “admiralty jurisdiction” of the United States is co-extensive
with its authority over or on waters, fresh or salt, including the
high seas, the Great Lakes, and rivers and streams commerce over
which it has power to regulate. Thus this jurisdiction is over the
American ship wherever it may be. “Offenses committed on vessels
belonging to citizens of the United States, within their admiralty
jurisdiction (‘that is within navigable waters’) though out of the
territorial limits of the United States, may be judicially considered
when the vessel and parties are brought within their territorial
jurisdiction.”[87]
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