Virgilio Valencia-Gamboa v. United States

1 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? 1 This petition presents two of the three issues presented in Canario-Vilomar v. United States, No. 25- 5506.