Whether the Maritime Drug Law Enforcement Act violates the Sixth Amendment by precluding the jury from determining jurisdiction and allowing the government to establish jurisdiction through testimonial documents without confrontation

QUESTIONS PRESENTED I. Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et. seq., is unconstitutional on its face and in violation of the Sixth Amendment rights to confrontation and to a trial by jury because it precludes the jury from making a determination of jurisdiction and, instead, permits the Government to establish jurisdiction in a pre-trial hearing by submitting documents that were prepared in anticipation of litigation without calling the declarants of those documents to testify? ii