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denverd0n · 06-04-2017, 12:35

The laws on American citizens visiting Cuba grow out of the economic embargo that has been imposed against them. The Constitution is completely clear in that Congress has the power to "regulate Commerce with foreign Nations."

If we were discussing the USCG's supposed authority to board and search vessels at any time, without a warrant, then I would agree with you. My opinion is that that over-steps the Constitution.

As a part of regulating the commerce with Cuba, though, the Constitution clearly gives Congress the authority to make laws about that. I am one of those "original intent" guys when it comes to the Constitution, and I see absolutely nothing in it that would prohibit Congress from passing the kinds of laws currently in place regarding Cuba.

(And, by the way, I am completely opposed to the laws as they stand. They should be repealed, and U.S. citizens should be allowed to visit Cuba with no more restrictions than they visit Canada.)

Boatguy30 · 06-04-2017, 13:10

The key West CG commander is of Cuban decent I believe and has been throwing the book at cruisers for many years

**skipmac** · 06-04-2017, 13:48

Quote:

Originally Posted by Boatguy30

The key West CG commander is of Cuban decent I believe and has been throwing the book at cruisers for many years

Have not been to Cuba myself so no personal experience but I have read many reports from cruisers that did visit Cuba that customs in Key West and other south Florida offices is usually very nasty about clearing boats that have been to Cuba, US or non US. In fact several forum members that are non US citizens report customs in these locales can be nasty even if you haven't been to Cuba.

slowpoker · 07-04-2017, 00:31

The 'Pearl of the Antilles', the Republic of Cuba, once had, being a Republic prior to the 1960's, a carbon copy Constitution as our Constitution here in the USA.
Castro's revolution, filled with freebies and false words that were believed by the easily fooled common folk, went along with taking over private businesses and properties to 'spread the wealth'; invited the Russians to 'help them' by stealing the silver coins in circulation and the bronze and marble from cemeteries in exchange for canned food and weapons, while Cuba still has the most fertile tropical soil and the most varied seafood that God ever created.
Castro convinced the masses that Imperialism was their enemy and their new 'Russian helpers' installed missiles to do us harm here, just 90 miles away. Kuba has been exporting warriors all over the world to teach other countries to fight against any free democracy.
They still do cyber and other spying against us here and have brainwashed many of those that have simplistic, lazy minds. Their regime is still our enemy just as N. Korea, Iran, etc. want to see us perish. Very difficult to understand and to accept as truth but that's their mindset. Cuba was suddenly transformed as if by black magic.
Kuba trades with most of the world, they still get our stuff one way or another, they don't need us anymore. What we don't need here is what they can offer us... socialism, communism, hate and envy. So, why go there to bring that wicked mentality here?.
Pray for them and fight for us not to lose our Republic, as Cuba certainly just gave theirs away!.

Island Time O25 · 07-04-2017, 01:22

Quote:

Originally Posted by denverd0n

The laws on American citizens visiting Cuba grow out of the economic embargo that has been imposed against them. The Constitution is completely clear in that Congress has the power to "regulate Commerce with foreign Nations."

If we were discussing the USCG's supposed authority to board and search vessels at any time, without a warrant, then I would agree with you. My opinion is that that over-steps the Constitution.

As a part of regulating the commerce with Cuba, though, the Constitution clearly gives Congress the authority to make laws about that. I am one of those "original intent" guys when it comes to the Constitution, and I see absolutely nothing in it that would prohibit Congress from passing the kinds of laws currently in place regarding Cuba.

(And, by the way, I am completely opposed to the laws as they stand. They should be repealed, and U.S. citizens should be allowed to visit Cuba with no more restrictions than they visit Canada.)

Don't think CF is the right place to argue Con Law but since this is related to Cuba travel ban I'll respectfully disagree. It is quite a stretch to interpret "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" as also allowing the prohibition of INDIVIDUAL NON COMMERCIAL travel to any given country. The Framers must be spinning in their graves.

I'd agree that such traveler may not bring any purchased or bartered items (the true definition of "commerce") form a country with which Congress decided not to have any commerce as per that article. But definitely the article should not be construed as covering any US individual NOT engaged in any commerce or commercial travel with/to Cuba. This is another example of the extreme contortionist's acrobatics SCOTUS is known for for at least the past 100+ years, when it stopped being arbiter of laws' constitutionality and started it's own legislative agenda/whims.

Island Time O25 · 07-04-2017, 01:26

Quote:

Originally Posted by slowpoker

The 'Pearl of the Antilles', the Republic of Cuba, once had, being a Republic prior to the 1960's, a carbon copy Constitution as our Constitution here in the USA.
Castro's revolution, filled with freebies and false words that were believed by the easily fooled common folk, went along with taking over private businesses and properties to 'spread the wealth'; invited the Russians to 'help them' by stealing the silver coins in circulation and the bronze and marble from cemeteries in exchange for canned food and weapons, while Cuba still has the most fertile tropical soil and the most varied seafood that God ever created.
Castro convinced the masses that Imperialism was their enemy and their new 'Russian helpers' installed missiles to do us harm here, just 90 miles away. Kuba has been exporting warriors all over the world to teach other countries to fight against any free democracy.
They still do cyber and other spying against us here and have brainwashed many of those that have simplistic, lazy minds. Their regime is still our enemy just as N. Korea, Iran, etc. want to see us perish. Very difficult to understand and to accept as truth but that's their mindset. Cuba was suddenly transformed as if by black magic.
Kuba trades with most of the world, they still get our stuff one way or another, they don't need us anymore. What we don't need here is what they can offer us... socialism, communism, hate and envy. So, why go there to bring that wicked mentality here?.
Pray for them and fight for us not to lose our Republic, as Cuba certainly just gave theirs away!.

I hope you are not a hypocrite and do not have ANY Chinese made goods at home or on your boat as the Cubans are mumbling children compared to the Chinese when it comes to the evils of Socialism and all that it entails.

**nigel1** · 07-04-2017, 01:49

Folks, this started as an informative and useful thread, please keep it that way, and leave out the political arguements.
Thanks

**skipmac** · 07-04-2017, 02:13

Quote:

Originally Posted by slowpoker

The 'Pearl of the Antilles', the Republic of Cuba,

Correction. It is Haiti that is called the Pearl of the Antilles, so named by the French for its natural beauties.

belizesailor · 07-04-2017, 03:53

Quote:

Originally Posted by slowpoker

The 'Pearl of the Antilles', the Republic of Cuba, once had, being a Republic prior to the 1960's, a carbon copy Constitution as our Constitution here in the USA.
Castro's revolution, filled with freebies and false words that were believed by the easily fooled common folk, went along with taking over private businesses and properties to 'spread the wealth'; invited the Russians to 'help them' by stealing the silver coins in circulation and the bronze and marble from cemeteries in exchange for canned food and weapons, while Cuba still has the most fertile tropical soil and the most varied seafood that God ever created.
Castro convinced the masses that Imperialism was their enemy and their new 'Russian helpers' installed missiles to do us harm here, just 90 miles away. Kuba has been exporting warriors all over the world to teach other countries to fight against any free democracy.
They still do cyber and other spying against us here and have brainwashed many of those that have simplistic, lazy minds. Their regime is still our enemy just as N. Korea, Iran, etc. want to see us perish. Very difficult to understand and to accept as truth but that's their mindset. Cuba was suddenly transformed as if by black magic.
Kuba trades with most of the world, they still get our stuff one way or another, they don't need us anymore. What we don't need here is what they can offer us... socialism, communism, hate and envy. So, why go there to bring that wicked mentality here?.
Pray for them and fight for us not to lose our Republic, as Cuba certainly just gave theirs away!.

Dont confuse government propaganda and actions with people. Having actually spent time there, I can tell you first hand that the Cuban people are wonderful and the vast majority do not buy into the ideology that was forced upon them.

Cuba pre-Castro was no democratic nirvana...Batista was a self serving bastard who brutally oppressed the Cuban people with USA support.

Fortunaltely, people world wide can distinguish between governments and private citizens...otherwise we Americans would be lynched on sight in many places around the world...with just cause.

Boatguy30 · 08-04-2017, 11:40

I'm thinking that guy probably threw out his Chinese enemy made device and won't be online again...

sailingforfun · 08-04-2017, 15:33

Quote:

Originally Posted by Capt Phil

Every time I hear of the hassles US citizens have coming from Cuba, I have to laugh. I also have dual citizenship and most everywhere I travel, I use my Canadian passport. My children and grandchildren go to Havana regularly from Toronto, Canada and are welcomed with open arms. Canadian customs on return to Canada are quite interested in what you might be bringing in but if you are within the limits, no worries.
It truly is a dumb law driven by expat Cubans in Florida, I believe. Phil

I had a US friend get busted traveling to Cuba via Canada years ago because Canada was sharing flight itineraries with US authorities. He had to pay a $10,000 fine.

slowpoker · 12-04-2017, 23:47

Please do not confuse Cuba with Haiti. Two very different nearby islands.
The Spaniards, (people from Spain, to be clear); discovered and explored most of these islands on their many voyages and named Cuba "The Pearl of the Antilles" for being the largest, more beautiful and more bountiful of all the islands in the Caribbean.
The Spaniards also explored from Florida to California, most of South America sharing their language, culture, agriculture, religion and architecture; most of the Northeastern coast of North America and built many cities in our now USA, and remained here 400 years, flying their Spanish flag, for even still today, longer amount of years than all of our many and varied American flags have flown all these years.
Look up all these facts, and the changing names given to these Carib. Islands and their history, (although there has been a pronounced effort to 'change and modify history' as of recent). Example: Watlings Island , Bahamas, was named "San Salvador" by Columbus, when in need for water and fresh foods on his first voyage. First place he set foot in the Americas.
Even on Cuba's 'Escudo' or 'Coat of Arms' symbol, shows Cuba as the shape of a door lock's Key, as being the Key ( not Cay) to the Antilles because of it's Key location. Christopher Columbus exclaimed: "This land, (Cuba which he named 'Juana' at the time), is the most beautiful land that human eyes have ever seen."
Haiti was and is still known as and called the 'Land of the mountains' by the French and Haitians. If you research the web, you do get to read the newly modified history of things....and ...That is what needs 'correction'.
Haiti is also suffering from many years of bad leadership. Let we, the American
People, be vigilant and aware that our Freedom must be protected as our Constitution and Bill of Rights clearly describe, or we would lose it, as so many other places that not so long ago were once...valuable, beautiful Pearls.