CSPAN American Perspectives November 21, 2010
>> i'm sorry, you refer to the tradition of passing. do you agree that there is no surf right? >> i agree that the constitution doesn't guarantee that right. our point is that it is a traditional right and congress has always provideded for it. even in the period between 1802 and 1855 where the statute was strangely drafted and didn't provide for it, this court made clear in montana versus kennedy, that when it recommend did that situation, it made it retroactive. so we have an unbroken tradition dating back to 1350. that is why this should be treated differently than the question of...