OCR Text |
Show 70 emphasizing its practical effect upon interstate compacts. On October 9,1950, the Supreme Court granted the petition.803 Summary The Constitution is the supreme law of the land. Under it, federal authority is limited to those powers expressly delegated and such as may reasonably be implied from those granted. All other powers are reserved to the states or to the people. The Federal Government is paramount in its own sphere. Commerce Power.-Federal commerce authority compre- hends navigation, and Congress has jurisdiction over all navi- gable waters of the United States. In addition, it may exercise its commerce jurisdiction both as to the upper nonnavigable reaches of a navigable waterway and as to the nonnavigable tributaries thereof, if the navigable capacity of the navigable waterway is affected or if interstate commerce is otherwise affected. Commerce power also includes flood protection and water- shed development. It may be employed to authorize construc- tion of navigation and flood-control dams, at the same time providing for federal generation and sale of power. Similarly, Congress may permit nonf ederal development of water power upon conditions which need not be related to navigation. For its authority over waterways is as broad as the needs of com- merce. Many decisions in connection with the exercise of commerce power are for Congress alone. A riparian owner under state law may hold title, as between himself and others outside of the Government, to a part of the bed of a navigable stream, since the people became sov- ereign following the American Revolution and thus held abso- lute right to navigable waters and the beds under them, subject to those rights surrendered to the Government in the Constitu- tion. From this latter paramount qualification evolved the general rule that the United States does not have to compen- 808 State of West Virginia ex rel. Dyer v. Sims, October Term, 1950, No. 147, - U. S. -. |