The Father Guido Sarducci lesson on preemption:
1. Federal law trumps state law where they conflict
2. Federal law does not prohibit concurrent state law on the same subject
matter unless
a. Congress says so
b. The rules are in such conflict that both can't co-exist.
Thus, California has its own fuel economy law that only applies to vehicles
sold in the state.
Joel
On Fri, Jan 26, 2018 at 9:54 AM, Bill Bina - gmail via CnC-List <
cnc-list@cnc-list.com> wrote:
> State and local authorities often patrol the exact same waters as USCG,
> enforcing state and local laws. State and Local laws are not permitted to
> exceed or countermand Federal laws. Also note that in many places, the
> Federal Government has officially ceded control of Federal navigable waters
> to local authorities. Witness the anchoring battles in Florida.
>
> Bill Bina
>
> On 1/26/2018 9:38 AM, Frederick G Street via CnC-List wrote:
>
> Matt — it’s my understanding that the federal government has sole
> authority over the Great Lakes Inland Waterways for purposes of
> navigation. Are you saying that’s not the case?
>
> From a US DOJ site which includes parts of the US code:
>
> Great Lakes Jurisdiction
>
> Also included within the "special territorial and maritime jurisdiction of
> the United States" by 18 U.S.C. § 7(2) are the Great Lakes and their
> connecting waterways…
>
> Federal jurisdiction under 18 U.S.C. § 7(2) over American vessels is not
> affected by the existence of concurrent state jurisdiction…
>
>
> It seems like the Supremacy clause in the Constitution would mean that
> Federal law will supplant local jurisdictions in all cases. The
> jurisdictions may overlap, but the Federal rules will always trump local
> ones.
>
> — Fred
>
>
> Fred Street -- Minneapolis
> S/V Oceanis (1979 C&C Landfall 38) -- on the hard in Bayfield, WI :^(
>
>
> On Jan 26, 2018, at 7:49 AM, Matthew L. Wolford via CnC-List <
> cnc-list@cnc-list.com> wrote:
>
> I just reviewed your note below and the article writer’s legal conclusion
> about PFBC legal authority (sometimes called “jurisdiction”). For
> clarification, my understanding is that the PFBC’s authority to regulate
> boats extends to navigable waters of the Commonwealth, while the USCG
> authority extends to navigable waters of the United States. In the case of
> Lake Erie (and Presque Isle Bay), the authority of the two agencies
> overlaps. In other words, portions of Lake Erie are both waters of the
> Commonwealth and waters of the United States, so both agencies have
> enforcement authority. I suspect it’s the same in other States, but you
> would need to look at the applicable State statute(s).
>
>
>
>
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> _______________________________________________
>
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>
--
Joel
301 541 8551
_______________________________________________
Thanks everyone for supporting this list with your contributions. Each and
every one is greatly appreciated. If you want to support the list - use PayPal
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