Colin, this isn't about the government; this is about the law.
You're quoting the law, so I want to know.... In Marshall II, it was actually the West Nova Fishermen's Coalition that brought this argument of regulatory powers. Paragraph 31 is pretty specific when it says, “this question is not raised by the subject matter of the appeal, nor is it capable of being answered on the factual record.” The courts didn't even look...or had no evidence or any kind of argument about regulatory powers.
You keep quoting a part of the case that is legal dicta. Are you familiar with legal dicta?