Why drug dealing is prohibited on the Ohio River, but is legal and regulated in Ohio
18 USC 5 and 18 USC 7 in the U.S. criminal code say that Congress has legislative jurisdiction over the federal areas. These areas include 1) the District of Columbia, 2) U.S. territories, 3) the coastal waters, 4) all navigable waterways, and 5) federal enclaves within the states, for example. With the exception of Congress' enumerated police powers in Article I, Section 8 of the U.S. constitution, all of Congress' criminal police powers are territorial (or spatial).
Within these federal areas Congress legislates under its constitutional authority at Article I, Section 8, Clause 17. This authority of “exclusive Legislation,” as expressed by the U.S. Supreme Court, is the power to define crime irrespective of the case or controversy requirement of Article III, Section 2.
This legislative authority is an attribute of a non-republican (or monarchical) form of government. This means that Congress legislates as a non-republic (or as monarchy) over the federal areas. As 18 USC 7 indicates, it rules navigable waters under admiralty and maritime law.
Because the case or controversy clause is not applicable in the federal areas, then Congress can define who is criminal there. Because of this power, Congress can criminally prohibit both drug possession and dealing in the federal areas, which it may not do within the states. However, Congress 1) exempts drug possession in the federal areas from prosecution (read 21 USC 841(a), 21 USC 822(c), and 21 USC 802(27)), and 2) criminally prohibits only unwanted drug dealing in the federal areas at 21 USC 841 et seq.
As mentioned, the federal areas include navigable rivers such as the Ohio River. Thus, Congress does in fact criminally prohibit drug dealing on the Ohio River (and perhaps on the bridges that span it). However, this prohibitory police power is different on the Ohio River than Congress' regulatory police power within the river's bordering states.
Within the states, Congress does not have power to prohibit any kind of commercial activity. Instead, Congress was granted the power at Article I, Section 8, Clause 3 to regulate interstate commerce. This includes the power to shut down and enjoin unwanted interstate drug commerce, but not the power to arrest and incarcerate people over it.
Thus, the federal police powers of prohibition and regulation are different. Prohibition operates only in the federal areas, under Congress' non-republican authority. Regulation operates within and among the states.
As well, within the states, regulation and prohibition operate in different judicial jurisdictions and in different branches of government. Prohibition operates at law in the judicial branch over malum in se and over behavior placed into that jurisdiction by constitutional amendment. Regulation operates in equity – a non-criminal jurisdiction – primarily in the executive branch, subject to review and enforcement by the judicial branch.
Thus, with the exception of the federal areas where Congress can define what is a crime, state and U.S. powers against drug dealing are equitable, including forfeiture and injunction, but do not include criminal prosecution. Drug prohibition operates only in Article I courts in the federal areas, and not in Article III courts or in state judicial courts.
Simply stated, within and among America's state republics, 1) judicial jurisdiction is over cases or controversies that involve injury, and 2) drug dealing is regulated and subject to governments' equitable remedies.
Within these federal areas Congress legislates under its constitutional authority at Article I, Section 8, Clause 17. This authority of “exclusive Legislation,” as expressed by the U.S. Supreme Court, is the power to define crime irrespective of the case or controversy requirement of Article III, Section 2.
This legislative authority is an attribute of a non-republican (or monarchical) form of government. This means that Congress legislates as a non-republic (or as monarchy) over the federal areas. As 18 USC 7 indicates, it rules navigable waters under admiralty and maritime law.
Because the case or controversy clause is not applicable in the federal areas, then Congress can define who is criminal there. Because of this power, Congress can criminally prohibit both drug possession and dealing in the federal areas, which it may not do within the states. However, Congress 1) exempts drug possession in the federal areas from prosecution (read 21 USC 841(a), 21 USC 822(c), and 21 USC 802(27)), and 2) criminally prohibits only unwanted drug dealing in the federal areas at 21 USC 841 et seq.
As mentioned, the federal areas include navigable rivers such as the Ohio River. Thus, Congress does in fact criminally prohibit drug dealing on the Ohio River (and perhaps on the bridges that span it). However, this prohibitory police power is different on the Ohio River than Congress' regulatory police power within the river's bordering states.
Within the states, Congress does not have power to prohibit any kind of commercial activity. Instead, Congress was granted the power at Article I, Section 8, Clause 3 to regulate interstate commerce. This includes the power to shut down and enjoin unwanted interstate drug commerce, but not the power to arrest and incarcerate people over it.
Thus, the federal police powers of prohibition and regulation are different. Prohibition operates only in the federal areas, under Congress' non-republican authority. Regulation operates within and among the states.
As well, within the states, regulation and prohibition operate in different judicial jurisdictions and in different branches of government. Prohibition operates at law in the judicial branch over malum in se and over behavior placed into that jurisdiction by constitutional amendment. Regulation operates in equity – a non-criminal jurisdiction – primarily in the executive branch, subject to review and enforcement by the judicial branch.
Thus, with the exception of the federal areas where Congress can define what is a crime, state and U.S. powers against drug dealing are equitable, including forfeiture and injunction, but do not include criminal prosecution. Drug prohibition operates only in Article I courts in the federal areas, and not in Article III courts or in state judicial courts.
Simply stated, within and among America's state republics, 1) judicial jurisdiction is over cases or controversies that involve injury, and 2) drug dealing is regulated and subject to governments' equitable remedies.