Also known as: seas · Single European Act · Sexual Exploitation and Abuse
Written by attorneys · grounded in primary & secondary sources — see below
The body of salt water covering much of the earth's surface, especially the high seas beyond territorial limits.
Sebastian Santos, captain of a vessel on the high seas, commits an act that Congress has defined as a felony under its constitutional authority. Federal prosecutors charge him in district court. The court upholds jurisdiction because the conduct occurred on the sea.
Simone Sanders owns beachfront property and seeks a permit to rebuild her home. The coastal commission requires an easement allowing public passage along the sea. Sanders challenges the condition as lacking an essential nexus to any impact on public access.
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Solstice Ventures charters a vessel and agrees to a clause selecting a foreign court for disputes arising on the sea. When a claim arises, the company sues in a U.S. district court instead. The court enforces the clause and dismisses the action.
Scott Summers travels by sea and is served with process while his ship docks in the forum state. He moves to quash service, arguing lack of contacts. The court denies the motion because presence on the sea voyage brought him within the state's borders.
Summit Bank finances a vessel used only for local sea transport within one state. Congress enacts a statute regulating such financing as part of broader sea commerce rules. The bank challenges the statute as exceeding federal power.
Southland Foods purchases a cruise ticket containing a forum selection clause for sea voyage disputes. A passenger later sues in her home state court. The court transfers the case pursuant to the clause.
Congress holds express power to define and punish piracies and felonies on the high seas. This authority supports federal criminal statutes that reach conduct occurring beyond state territorial waters. Courts apply the power when the charged acts take place on the sea.
Supporting sources
A state may require an easement for public access only if the condition bears an essential nexus to the impact of the proposed development on the sea. The Supreme Court has required this connection to avoid unconstitutional takings. Without the nexus the condition fails.
Supporting sources
Courts generally enforce reasonable forum selection clauses in maritime contracts. The clause must not be the product of fraud or overreaching. Enforcement promotes certainty in international sea commerce.
…and post roads, cl. 7, or to grant patents and copyrights, cl. 8, or to "punish Piracies and Felonies committed on the high Seas," cl. 10. It might not even need the power to raise and support an Army and Navy, cls. 12 and 13, for fewer people would engage in commercial shipping if they thought that a foreign power…