Also known as: ships · shipping · shipped · vessel · watercraft
Written by attorneys · grounded in primary & secondary sources — see below
A vessel used or intended to be used in navigation.
Select any source to read its text and confirm it supports the definition.
State A attempts to station a naval vessel in its harbor during peacetime without congressional approval. The state legislature authorizes the ship to remain for defense drills. A neighboring state challenges the action as violating the constitutional prohibition on states keeping ships of war. The court enjoins the continued presence of the ship.
A federal statute licenses ships for the coasting trade along the Atlantic seaboard. A state grants a monopoly to one company for steam navigation on its inland waters. The licensed ship operator sues to invalidate the state monopoly. The court holds that federal authority over navigation preempts the state grant.
A foreign ship docks in a California port after a high-seas collision. The injured crew member sues the ship owner in state court while the vessel is present. The owner objects that presence alone does not confer jurisdiction. The court upholds jurisdiction based on the ship's temporary presence in the forum.
Passengers board a cruise ship in Florida under a ticket containing a forum-selection clause designating Washington state courts. An accident occurs during the voyage. The passengers sue in Florida state court. The court enforces the clause and transfers the case to Washington.
A bank initiates an in rem proceeding against a ship to enforce a lien. Notice is given only by publication in a local newspaper. The ship owner, who resides out of state, claims inadequate notice. The court requires additional steps beyond publication to satisfy due process for the ship's seizure.
A shipping company maintains regular routes calling at ports in the forum state and solicits business there. A cargo damage claim arises from one such voyage. The company argues it lacks sufficient contacts for jurisdiction. The court finds the continuous shipping activity satisfies the minimum contacts standard.
The prohibition applies in time of peace regardless of whether a formal declaration of war exists. It prevents states from maintaining naval forces that could threaten federal supremacy or interstate harmony.
Publication alone is insufficient when the owner can be identified and located with reasonable effort. Additional measures such as mail or personal service are required to satisfy due process.
Such clauses are enforceable if they are reasonable and the passenger had notice of the terms before boarding. The clause need not result from individual bargaining.
…might not even need the power to raise and support an Army and Navy, cls. 12 and 13, for fewer people would engage in commercial shipping if they thought that a foreign power could expropriate their property with ease. Indeed, if Congress could regulate matters that substantially affect interstate commerce, there would have…