Cristian Chaverra Moreno v. United States
CriminalProcedure Immigration JusticiabilityDoctri
Under the Define and Punish Clause and the Founders' understanding of sea zones, does Congress have the authority to punish felonies that occur in another country's contiguous zone?
Article I, Section 8, Clause 10 of the United States Constitution empowers Congress “[t]o define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.” That authority is not unlimited. Congress only has aut hority to define and punish felonies that occur on the high seas, which raises the question of where the high seas begin and end. The Question Presented is: Under the Define and Punish Clause and the Founders ’ understanding of sea zones , does Congress have the authority to punish felonies that occur in another country’s contiguous zone?