Hugo Black

“ Alabama and Rhode Island deny that Congress has any power to dispose of the national interest in the ocean or its uncaptured resources. These States assert that whatever power the United States has over the ocean is an inseparable part of national sovereignty which cannot be irrevocably parcelled out or delegated to states, individuals or private business groups. Admitting the power of Congress to control and regulate the use of the ocean and the capturing of its assets, Alabama and Rhode Island deny that any part of this sovereign national control can be vested in any state. ”

“ The issues presented are too grave and too doubtful for me to assent to closing the doors of this Court to these States without a more careful consideration of the question than the Court has afforded. For there is a great deal more involved than who gets what oil. Congress has here transferred to the states substantial power over the ocean. This necessarily makes less readily available the Nation's power to protect the freedom of the seas-a power essential to keep peace and friendship among the nations of the world. I cannot agree to deny these States a full opportunity to challenge the Act. ”

“ They are no less such because they happen to lap the shores of different nations that border them. Freedom of the seas everywhere is essential to trade, commerce, travel and communication among the nations. ”