Quote:
Originally Posted by Mr Downtown
But Congress only has the powers granted to it by the several states. If the states didn't have that power (to alienate their navigable waters) to begin with, they cannot pass that power on to Congress. This is not an ordinary bit of criminal or tort common law that can be overcome by positive law in statute, nor is it the kind of common law that was rendered inoperative by Erie R.R. v. Tompkins. Read the Hurlburt note cited above.
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Moving this to DM as to not highjack the thread.