Federal Legislation Jurisdiction: Report : Prepared for Public Land Law Review Commission

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Strana 32 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Strana 9 - Congress have assumed the administration of this stock. They have begun to render it productive. Congress have undertaken to do more : they have proceeded to form new States, to erect temporary governments, to appoint officers for them, and to prescribe the conditions on which such States shall be admitted into the Confederacy. All this has been done ; and done without the least color of constitutional authority.
Strana 4 - The Congress shall have power ... to exercise exclusive legislation in -all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of Government of the United States...
Strana 14 - Perhaps the power of governing a Territory belonging to the United States which has not by becoming a State acquired the means of self-government may result necessarily from the facts that it is not within the jurisdiction of any particular State, and is within the power and jurisdiction of the United States. The right to govern may be the inevitable consequence of the right to acquire territory.
Strana 15 - If, then, this clause does contain a power to legislate respecting the territory, what are the limits of that power? "To this I answer that, in common with all the other legislative powers of Congress, it finds limits in the express prohibitions on Congress not to do certain things; that, in the exercise of the legislative power, Congress cannot pass an ex post facto law or bill of attainder; and so in respect to each of the other prohibitions contained in the Constitution.
Strana 12 - I always thought that, when we should acquire Canada and Louisiana it would be proper to govern them as provinces, and allow them no voice in our councils. In wording the third section of the fourth article, I went as far as circumstances would permit to establish the exclusion. Candor obliges me to add my belief, that, had it been more pointedly expressed, a strong opposition would have been made.
Strana 54 - The jurisdiction, both civil and criminal, over persons within national forests shall not be affected or changed by reason of their existence, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this...
Strana 15 - I construe this clause, therefore, as if it had read, Congress shall have power to make all needful rules and regulations respecting those tracts of country out of the limits of the several States which the United States have acquired, or may hereafter acquire, by cessions, as well of the jurisdiction as of the soil, so far as the soil may be the property of the party making the cession, at the time of making it. It has been urged that the words " rules and regulations " are not appropriate terms...
Strana 20 - Union in pursuance of the constitution, is itself an abuse, because it is the usurpation of a power which the people of a single State cannot give." The court said in that case, that "the States have no power by taxation, or otherwise, to retard, impede, burden, or in any manner control the operation of the constitutional laws enacted by congress, to carry into execution the powers vested in the general government.
Strana 59 - It is a general rule of public law, recognized and acted upon by the United States, that whenever political jurisdiction and legislative power over any territory are transferred from one nation or sovereign to another, the municipal laws of the country, that is, laws which are intended for the protection of private rights, continue in force until abrogated or changed by the new government or sovereign.

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