United States v. Florida

363 U.S. 121
CourtSupreme Court of the United States
DecidedMay 31, 1960
DocketNo. 10
StatusPublished
Cited by21 cases

This text of 363 U.S. 121 (United States v. Florida) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Florida, 363 U.S. 121 (1960).

Opinions

Mr. Justice Black

delivered the opinion of the Court.

This controversy involves the interests of all five Gulf States — Florida, Texas, Louisiana, Mississippi and Alabama — in the submerged lands off their shores. The Court heard the claims together, but treats them in two opinions. This opinion deals solely with Florida’s claims. The result as to the other States is discussed in one opinion, •ante, p. 1. All the claims arise and are decided under the Submerged Lands Act of 1953.1

The Act granted to all coastal States the lands and resources under navigable waters extending three geographical miles seaward from their coastlines. In addi[122]*122tion to the three miles, the five Gulf States were granted the submerged lands as far out as each State’s boundary-line either “as it existed at the time such State became a member of the Union,” or as previously “approved by Congress,” even though that boundary extended further than three geographical miles seaward. But in no event was any State to have “more than three marine leagues into the Gulf of Mexico.”2 This suit was first brought against Louisiana by the United States, United States v. Louisiana, 350 U. S. 990, invoking our original jurisdiction under Art. 111, § 2, cl. 2, of the Constitution, to determine whether Louisiana’s boundary when it became a member of the Union extended three leagues or more into the Gulf, as Louisiana claimed, so as to entitle it to the maximum three-league grant of the Submerged Lands Act. After argument on the Government’s motion for judgment against Louisiana, we suggested that the interests of all the Gulf States under the Act were so related, “that the just, orderly, and effective [123]*123determination” of the issues required that all those States be before the Court. United States v. Louisiana, 354 U. S. 515, 516. All are now defendants, each has claimed a three-league boundary and grant, which the United States denies, and the issues have been extensively briefed and argued by the parties. As stated, this opinion deals only with the United States-Florida controversy.

Florida contends that the record shows it to be entitled under the Act to a declaration of ownership of three marine leagues of submerged lands, because (1) its boundary extended three leagues or more seaward into the Gulf when it became a State, and (2) Congress approved such a three-league boundary for Florida after its admission into the Union and before passage of the Submerged Lands Act. Since we agree with Florida’s latter contention, as to congressional approval, we find it unnecessary to decide the boundaries of Florida at the time it became a State.

Florida claims that Congress approved its three-league boundary in 1868, by approving3 a constitution submitted to Congress as required by a Reconstruction Act passed March 2, 1867. 14 Stat. 428. That constitution carefully described Florida’s boundary on the Gulf of Mexico side as running from a point in the Gulf “three leagues from the mainland” and “thence northwestwardly three leagues from the land” to the next point.4 The [124]*124United States concedes that from 1868 to the present day Florida has claimed by its constitutions a three-league boundary into the Gulf.5 The United States also admits that Florida submitted this constitution to Congress in 1868, but denies that the Gulf boundary it defined was “approved” by Congress within the meaning of the Submerged Lands Act.6 This is the decisive question as between Florida and the United States.

The 1868 Florida Constitution was written and adopted by Florida pursuant to the congressional Act of March 2, 18677 as supplemented by a second Act of March 23, 1867.8 These Reconstruction Acts purported “to provide for the more efficient Government of the Rebel States,” including Florida. The States involved were divided into military districts and subjected to strict military authority. Detailed provisions were made for registration of voters, election of delegates to constitutional conventions, the framing of constitutions “in conformity with the provisions” of these Reconstruction Acts, and submission of the constitutions to the people of those States for their ratification and approval — all under the supervision and control of commanding generals. Constitutions so adopted were then to be “submitted to Congress for examination and approval,” after which approval by Congress and after ratification of the Fourteenth Amendment by each State, each should be “declared entitled to representation in Congress.” Florida’s Constitution was writ[125]*125ten, considered and voted upon in the State in accordance with these statutory directions and under the eye and control of an Army general. When submitted to Congress it was much debated, and thereafter on June 25, 1868, another Act was passed authorizing the admission of Florida and other Southern States “to Representation in Congress.” 9 15 Stat. 73. The preamble to this “Admission Act” declared that these States had adopted their constitutions “in pursuance of the provisions” of the 1867 Acts, which Acts, as has been pointed out, required “examination and approval” of the constitutions as a prerequisite to readmission of congressional representation. Thus by its own description, Congress not only approved Florida’s Constitution which included three-league boundaries, but Congress in 1868 approved it within the meaning of the 1867 Acts. In turn, the approval the 1867 Acts required appears to be precisely the approval the 1953 Act contemplates.

The Government argues, however, that these readmission enactments did not contemplate and Congress did not make a general scrutiny of all the provisions of the state constitutions, but only that the constitutions had been duly adopted and were republican in form. The Government makes many references to debates which indicated that some Senators and Congressmen were satisfied with such a limited examination of the constitutions.10 Florida, on the other hand, points out many [126]*126other remarks which indicated a much closer examination of the state constitutions.11

It is beyond doubt that the proposed constitutions were printed, then read, discussed, and amended in the Congress. For instance, the very 1868 bill that admitted Florida’s congressional representatives contained a proviso rejecting certain parts of the Georgia Constitution.12 That at least some Congressmen scrutinized the constitutions to see if amendments were necessary is persuasively shown by the remarks of Congressman Thaddeus Stevens, set out below.13 Mr. Stevens was Chairman of the [127]*127all-important Joint Committee on Reconstruction, and, because of his leading role as architect of the reconstruction plan finally adopted and carried out by Congress, has appropriately been called “the Father of the Reconstruction.” 14

The voluminous references to the Reconstruction debates fail to show us precisely how closely the Southern States’ Reconstruction Constitutions were examined.

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United States v. Florida
363 U.S. 121 (Supreme Court, 1960)

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363 U.S. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-florida-scotus-1960.