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Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so.

The court probably found that the state law was: _________

Answer :

Answer:

Not constitutional under the supremacy clause of the Constitution.

Explanation:

The Supremacy clause in the United States Constitution (Article VI, paragraph 2), stipulates that it shall be a "Supreme Law of the Land'" and that the Constitution, federal laws and treaties under the Constitution shall become the priority over all laws of the State which conflict with it.

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Final answer:

In light of Gibbons v. Ogden case, the court was likely to rule that the state law banning Garrett from operating his boat was preempted by federal law. This is because the federal government has the authority to regulate interstate commerce, which includes navigation, thereby trumping state law.

Explanation:

The question revolves around the conflict between federal and state law on Garrett's right to operate his commercial tour boat in Hanalei Bay, Kauai, Hawaii. Based on the precedence set by the U.S. Supreme Court case, Gibbons v. Ogden, and the interpretation of the commerce clause of Article I, Section 8, the court probably found that the state law was preempted by federal law. This is because in the Gibbons v. Ogden case, the court had determined that Congress has the sole authority to regulate interstate commerce, which includes navigation. Therefore, the federal law authorizing Garrett to operate his boat would supersede the state law banning commercial use of Hanalei Bay.

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