Carlos Daniel Canario-Vilomar v. United States

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.” The Questions Presented are:

1. Are Congress’s powers under the Define and Punish Clause inherently limited by international law?

2. Does 46 U.S.C. § 70502(d)(1)(C) of the Maritime Drug Law Enforcement Act exceed Congress’s powers by authorizing the United States to assert jurisdiction over foreign nationals for wholly foreign, extraterritorial crimes, in violation of international law?

3. Does Congress’s power “[t]o define and punish ... Felonies committed on the high Seas,” authorize the United States to enforce its criminal laws upon foreign nationals for offenses committed inside a foreign nation’s Exclusive Economic Zone?