United States v. Stowell was a Supreme Court case decided in 1879. The case involved a dispute between the United States and Stowell, a fisherman, over the ownership of a whale carcass that had been found in the waters off the coast of Massachusetts. The United States argued that the whale was a public resource and thus belonged to the government, while Stowell argued that he had a right to the whale as he had found it first. The Supreme Court ultimately sided with the United States, ruling that the whale was a public resource and thus belonged to the government. The Court reasoned that the whale was a part of the public domain and thus could not be owned by any individual. The decision established the precedent that the public has a right to the resources of the sea, and that individuals cannot claim ownership of them.

In the dissenting opinion of United States v. Stowell, Justice Harlan argued that Congress had no authority to enact a law criminalizing the possession and sale of liquor without a license. He stated that such an act was beyond Congress’s power under the Commerce Clause because it did not involve any interstate commerce or foreign trade. Furthermore, he argued that even if there were some connection between this activity and interstate commerce, it would still be unconstitutional as an infringement on state police powers since regulating alcohol is traditionally within the purview of states rather than federal government. Finally, he noted that while Congress may have had good intentions in passing this law – namely curbing drunkenness – its means for doing so were constitutionally questionable at best and should not be allowed to stand.