Judicial Branches News

Rebuilding the Presumption of Preemption

I propose that the Legislative, Executive, Judicial Branches of the federal government should cooperatively work toward the rebuilding of the presumption in favor of federal preemption with respect to all matters related to maritime commerce. I also propose that maritime stakeholders undertake measures to make this a reality. The Constitution already allows for such preemption – and it has been implemented with regard to various issues over time, particularly in the early days of the Republic.