Elmer Misael Garcia Ramirez v. United States
DueProcess JusticiabilityDoctri
Whether the trial court lacked jurisdiction because neither the U.S. Constitution nor any theory of international law permits jurisdiction to be asserted over a vessel found in international waters, approximately 560 nautical miles south of the Mexico-Guatemala border, with no discernable nexus to the United States
QUESTION PRESENTED Whether the trial court lacked jurisdiction because neither the U.S. Constitution nor any theory of international law permits jurisdiction to be asserted over a vessel found in international waters, approximately 560 nautical miles south of the Mexico-Guatemala border, with no discernable nexus to the United States. The Government’s attempt to impose its authority on foreign actors sailing upon foreign waters is based on a misreading of the text and of the history of the Define and Punish Clause. i