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To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Clause 8.
To constitute Tribunals inferior to the supreme Court. Clause 9.
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations. Clause 10.
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. Clause 11.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years. Clause 12. Clause 13.
To provide and maintain a Navy.
To make Rules for the Government and Regulation of the land and naval Forces. Clause 14.
Notes of Decisions
regulation of land and naval forces are entirely independent of the civil judicial system provided by Constitution (Const. art. 1, sec. 8. cl. 14; art. 3). Carter v. Woodring (App. D. C., 1937), 92 F. (2d) 544; certiorari denied, 302 U. S. 752.
Status of courts-martial.-Under constitu- | Congress to make rules for government and tional provision empowering Congress to make rules for government and regulation of land and naval forces, Congress can provide for trial and punishment of military and naval offenses (Const. art. 1, sec. 8, cl. 14). Courts-martial authorized by Congress under constitutional provision empowering
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions. Clause 15.
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress. Clause 16.
Notes of Decisions
In general.-Congress has authority to determine extent and terms of aid to be given National Guard of various States (Const. art. 1, sec. 8, cl. 16). U. S. v. Dern (App. D. C., 1934), 74 F. (2d) 485.
Government of militia is committed to respective States until militia is called into national service (Const. art. 1, sec. 8, cl. 16). Id.
it may, with the permission of the National Government, avail itself of the services of officers and the use of equipment belonging to the military establishment of the United States.
And while so acting within its retained powers, and consistently with exertion of national power and with rights of individuals safe-guarded by the National Constitution, the State is the sole judge of the means to be employed and the amount of training to be exacted. Hamilton v. Regents (1934), 293 U. S. 245, affirming (Calif., 1934), 28 P.
Each State has authority to train its ablebodied male citizens of suitable age to fit them, if called upon, for service in the United States Army, the State militia, or the local constabulary or police; and for these purposes (2d) 355.
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 the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings. Clause 17.
Notes of Decisions
Jurisdiction in general.-A conveyance to certain real estate for the erection of a vetthe United States by the City Council of Reno, Nevada, authorized by State statute, for a nominal consideration of one dollar, of
erans' hospital, constitutes a "purchase" within the meaning of Article I, Section 8, Clause 17, of the Constitution; and the State
"consented" to such purchase when it specifi- | Clause 17, Sec. 8, Art. I, of the Constitution. cally "authorized and directed" the City Council to make the conveyance. It follows that the United States has exclusive jurisdiction over the site thus acquired. 25, 1937) 39 Op. Atty. Gen. No. 21. Acceptance of cession.-Acceptance of cession of State may be implied from use, and grant for military purposes does not restrict the Government's title to that use. Columbia River Packers' Ass'n, Inc., v. U. S. (C. C. A., 1928), 29 F. (2d) 91.
Reservations by State.-Service of process on lands ceded to Federal Government by State with reservation of right to serve process therein, does not interfere with supremacy of United States over such lands (14 Stat. 396). Manlove v. McDermott (Pa., 1932), 162 A. 278.
Reservations in a State act consenting to the acquisition of lands by the Government, of the right to serve process and to resume full jurisdiction if the United States ceases to own the land, are not incompatible with Federal requirements under Article I, Section 8, Clause 17, of the Constitution. (April 12, 1938) 39 Op. Atty. Gen. No. 42.
State, when authorizing cession of jurisdiction over lands acquired therein by United States, held empowered to limit by statute conditions of purchase and to retain concurrent jurisdiction for purpose of executing process, and statute became part of contract of purchase whether expressly made so or not (Comp. Gen. Laws 1927, secs. 5, 7, 11;
1935), 164 So. 287.
Service of summons on navy lieutenant | Const. art. 1). Valverde v. Valverde (Fla., in navy yard, without commanding officer's leave held not invalid so as to deprive court of jurisdiction of person served. Id.
Service of summons on navy lieutenant in navy yard by sheriff entering with commandant's permission, held not invalid because made while lieutenant was standing beside his ship and engaged in work thereof. Id.
The consent required by 944 post, is that contemplated and spoken of in Article I, section 8, clause 17, of the Constitution, and must be free from qualifications, conditions, or reservations inconsistent with the exercise by Congress of "exclusive legislation" over the place ceded. Provisions in the State act of cession that Federal construction shall be subject to State labor and health laws, and that the State may tax private property on the premises not belonging to the United States, are incompatible with exclusive jurisdiction and do not meet the requirements of this section. (1935) 38 Op. Atty. Gen. 341.
There is no objection to the reservation, in a State act ceding lands to the Government, of the right to tax private property and to serve process on the affected premises. provided such reservations are not inconsistent with the effective use of the lands by the Government. (1935) 38 Op. Atty. Gen. 216.
The United States, owning land set aside as a national park within the boundaries of a State, may constitutionally accept from the State a cession of jurisdiction over it. The jurisdiction ceded need not be exclusive but may be limited by reservations of powers in the State, such as the power to tax persons and their property on the land included. Collins v. Yosemite Park & Curry Co. (1938), 304 U. S. 518; reversing (D. C., 1937) 20 F. Supp. 1009.
It is not essential to valid acquisition of jurisdiction by cession from a State that the land involved shall be acquired by the United States for one of the purposes specified in
That husband was not citizen or resident of State, except in so far as military duty required his residence on military reservation ceded to United States subject to statute whereby State retained concurrent jurisdiction for purpose of executing process, did not immunize him from process in wife's suit for separate maintenance, nor in any other civil or criminal action (Comp. Gen. Laws 1927, secs. 5, 7, 4989; Const. U. S. art. 1, sec. 8). Id.
Where the United States purchases lands by consent of Legislature of the State wherein they are situated for other purposes than erection of forts, magazines, arsenals, dockyards, and other needful buildings under the Constitution, the State, on ceding jurisdiction to the United States, may impose conditions not inconsistent with purpose of acquisition. Const. art. 1, sec. 8. Rainier Nat. Park Co. v. Martin (1937), 23 F. Supp. 60 (affirmed per curiam, (1938) 302 U. S. 661).
Effect of cession.-N. Y. Laws 1896, c. 391, and N. Y. Laws, 1929, c. 242, as they have been respectively amended, express the consent of the legislature of the State of New York to the acquisition of land by the United States within their respective limitations.
Act of 1899 should be complied with in the matter of sites, not exceeding 2 acres in extent, for "post offices and other governmental offices" in cities or villages, as has been done in the past; and Act of 1896, supra, should be complied with in the matter of other acquisitions of land embraced within the scope of its language. (1929) 36 Op. Atty. Gen. 86.
Federal Government, when acquiring territory from State, takes territory subject to all State laws applicable to ceded territory at time of cession, not contrary to Federal laws, until Congress passes laws inconsistent with State law (State Law, sec. 29, subd. 18; Const. U. S. art. 1, sec. 8, cl. 17). In re Kernan (N. Y., 1936), 4 N. E. (2d) 737.
Where jurisdiction to grant writ of habeas | tion in any manner other than by purchase corpus to determine custody of child within with State's consent, United States holds land territory was in New York courts at time just as any other proprietor except that land State ceded territory to United States for may not be taxed by State (Const. U. S. art. military reservation, and Congress had not 1, sec. 8, cl. 17). Id. passed any law giving Federal courts such jurisdiction, New York court, and not Federal court, had jurisdiction to entertain mother's habeas corpus proceeding to inquire into cause of father's detention of infant daughter on reservation (State Law, sec. 29, subd. 18; Civil Practice Act, sec. 64; Const. U. S. art. 1, sec. 8, cl. 17). Id.
Where a tract within a State has been acquired by the United States for a navy yard, with the consent of the State legislature and the legislature has ceded to the United States the State's jurisdiction over it saving only the right to serve process, a State law subsequently passed to regulate rights and remedies for death by negligence can have no operation over the tract save as it may be adopted by Congress. Murray v. Gerrick & Co. (1934), 291 U. S. 315; affirming (Wash., 1933), 20 P. (2d) 591.
The exclusive power of legislation granted to Congress under Constitution with respect to the District of Columbia and all places purchased for the erection of forts and other needful buildings is an exclusive jurisdiction (Const. U. S. art. 1, sec. 8, cl. 17). Employers' Liability Assur. Corp. v. Dileo (Mass., 1937), 10 N. E. (2d) 251.
After a cession of jurisdiction of territory from one sovereign to another, the existing municipal laws, including statutes relating to title to property or intended for protection of private rights, continue in force until changed by the new sovereign. Id.
Lands within State's jurisdiction may become subject to exclusive jurisdiction of United States by purchase by United States for purposes specified in Constitution with State's consent or by cession of exclusive jurisdiction to United States by State (Const. U. S. art. 1, sec. 8, cl. 17). Ryan v. State (Wash., 1936), 61 P. (2d) 1276.
Where United States acquires land from State for purposes specified in Constitution by purchase with State's consent, federal jurisdiction is exclusive in such area for all purposes (Const. U. S. art. 1, sec. 8, cl. 17). Id.
Where United States acquires land from State for purposes specified in Constitution other than by purchase with State's consent, federal jurisdiction is exclusive only to extent of purposes for which land is held (Const. U. S. art. 1, sec. 8, cl. 17). Id.
Where United States acquires land from State for purpose not specified in Constitution by purchase with State's consent, United States has such jurisdiction over land as may be ceded to it by State (Const. U. S. art. 1, sec. 8, cl. 17). Id.
Where United States acquires land from State for purposes not specified in Constitu
State as such has all sovereign powers of independent nations over all persons and things within its territorial limits, subject to limitations and restraints of Federal Constitution. Id.
Where United States purchases land with State's consent, or State cedes exclusive jurisdiction to United States, land acquires territorial status and ceases to be part of State, either territorially or jurisdictionally, but in absence of clearly expressed intent, it will not be presumed that State has relinquished its sovereignty (Const. U. S. art. 1, sec. 8, cl. 17). Id.
Where the United States purchases lands by consent of Legislature of the State wherein they are situated for erection of forts, magazines, arsenals, dockyards, and other needful buildings under the Constitution, federal jurisdiction is exclusive of all State authority. Const. art. 1, sec. 8. Rainier Nat. Park Co. v. Martin (1937), 23 F. Supp. 60 (affirmed per curiam (1938) 302 U. S. 661).
Where the United States purchases lands by consent of Legislature of the State wherein they are situated for other purposes than erection of forts, magazines, arsenals, dockyards, and other needful buildings under the Constitution, lands and buildings erected thereon for uses of federal government will be free from any interference and jurisdiction of the State which would impair their effective use for purposes for which the property was acquired. Const. art. 1, sec. 8. Id.
The provisions of the Washington Workmen's Compensation Act which were effective when jurisdiction of federal government over Mount Rainier National Park became effective continued in force within the park until repealed or superseded by federal law, but provisions of such act enacted thereafter did not become operative within the park (Rem. Comp. Stat. sec. 7673 et seq.; Laws 1901, p. 192; 16 U. S. C. A. secs. 91, 95).. State v. Rainier Nat. Park Co. (Wash., 1937), 74 P. (2d) 464.
Reversion for breach.-Where the State of Delaware ceded to the United States title and jurisdiction to a tract of land "upon the express condition that a Quarantine Station shall be located and maintained thereon by the United States," and the tract is no longer used for a quarantine station or any related purpose, Held, That the conveyance created estate upon condition subsequent, and that title became and still is vested in the United States in the absence of appropriate action by the State to revest title in the State. (July 22, 1937) 39 Op. Atty. Gen. No. 17.
Scope of clause.-The term "other needful buildings" as used in this section and in State acts of cession, should be construed
liberally. Lands acquired for the erection of Naval air stations are held to be covered thereby. (1935) 38 Op. Atty. Gen. 185.
Words "needful buildings," as used in constitutional provision authorizing Congress to exercise exclusive legislation over places purchased for erection of forts, magazines, arsenals, dockyards, and other needful buildings, mean buildings on lands ceded by a State to United States and over which federal government acquires exclusive jurisdiction (Const. U. S. art. 1, sec. 8). Tagge v. Gulzow (Neb., 1937), 271 N. W. 803.
Offices, residences, and business places in townsite purchased by United States in connection with dam project with state's consent and under exclusive jurisdiction of United States held "needful buildings" for completion of project within constitutional provision describing purposes for which United States may acquire lands by purchase with State's consent, even if dam was not such a building, as respects county's power to tax personalty in townsite (Const. U. S. art. 1, sec. 8, cl. 17). State v. Bruce (Mont., 1937), 69 P. (2d) 69.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Clause 18.
Notes of Decisions
Incidental powers.-The authority of Congress to prescribe the basis on which a claim shall be adjudicated, that is, the conditions under which a citizen may be compensated for losses suffered under a contract, or otherwise,
or to create a liability on the part of the Government where no legal liability in fact exists, and to waive any legal defense on the part of the Government, is no longer subject to question. Edwards v. U. S. (1934), 79 Ct. Cl. 436.
Section 9. Powers Denied to Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Clause 1.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Clause 2.
No Bill of Attainder or ex post facto Law shall be passed. Clause S. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. Clause 4.
No Tax or Duty shall be laid on Articles exported from any State. Clause 5. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Clause 6. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Clause 7.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Clause 8.
Section 10. Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Clause 1.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its' inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. Clause 2.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. Clause 3.
Notes of Decisions
School district on military reservations.-attached to district for school purposes by Congress has exclusive jurisdiction to legis- county superintendent of public instruction late in respect to military reservations and is permissive, and confers no authority upon similar instrumentalities of federal govern- county superintendent over military reservament, and general school laws of State can tion unless commanding officer with consent have no application to military reservations of Secretary of War and board of education located within State (Const. U. S. art. 1, of district adjoining reservation files with sec. 8). In re Annexation of Reno Quarter- county superintendent a petition to attach master Depot, etc. (Okla., 1937), 69 P. (2d) reservation to district, whereupon county 659. superintendent must make order attaching reservation (70 Okl. St. Ann. sec. 779, St. 1931, sec. 7114, as amended; Const. U. S. art. 1, sec. 8). Id.
Statute providing that any military reservation adjoining independent school district shall with consent of Secretary of War be