373. Federal Control Of Navigable Waters
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This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law.
373. Federal Control Of Navigable Waters
In a later chapter will be considered the federal powers, both judicial and legislative, which flow from the provision of Section II, Article III of the Constitution, which provides that the federal judicial power shall extend "to all cases of admiralty and maritime jurisdiction." It will there appear that, under this grant of authority, the National Government has been construed to have a general authority over all acts directly connected with or occurring upon the navigable waters of the United States. These navigable waters have been construed to be all waters, whether tidal or not. and whether located wholly within a single State or not, which are navigable in fact, or are susceptible of being so used, as highways over which trade and travel may be conducted. Navigability has thus been accepted as the test of federal admiralty jurisdiction. It is thus apparent that the federal authority thus obtained is a more comprehensive one than that derived from the Commerce Clause.
Congress has by various acts established regulations governing the use of the "navigable waters of the United States," which have been defined, to be, as distinguished from the navigable waters of the States (concerning which Congress has not seen fit to legislate), those waters which "form in their ordinary condition, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water." 71
In the absence of conflicting congressional legislation, the States are left free to regulate transportation upon the navigable waters within their respective borders. In all cases Congress has, of course, authority to supersede the regulations of the States which are considered to operate as an obstruction to navigation.72
In the absence of conflicting congressional legislation, the States are left free to regulate transportation upon the navigable waters within their respective borders. In all cases Congress has, of course, authority to supersede the regulations of the States which are considered to operate as an obstruction to navigation.72
69 12 Wh. 419; 6 L. ed. 678.
70 8 Wall. 123; 19 L. ed. 382.
71 The Daniel Ball, 10 Wall. 557; 19 L. ed. 999.
69 12 Wh. 419; 6 L. ed. 678.
70 8 Wall. 123; 19 L. ed. 382.
71 The Daniel Ball, 10 Wall. 557; 19 L. ed. 999.
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