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To promote the Progress of Science and useful Arts, by securing for limited
To define and punish Piracies and Felonies committed on the high Seas, and
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
Notes of Decisions
martial.-Under constitu- , Congress to make rules for government and tional provision empowering Congress to regulation of land and naval forces are enmake rules for government and regulation of tirely independent of the civil judicial system land and naval forces, Congress can provide provided by Constitution (Const. art. 1, sec. for trial and punishment of military and 8. cl. 14; art. 3). Carter v. Woodring (App. naval offenses (Const. art. 1, sec. 8, cl. 14). | D. C., 1937), 92 F. (20) 544 ; certiorari de
Courts-martial authorized by Congress un-nied, 302 U. S. 752. der 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 de- , it may, with the permission of the National termine extent and terms of aid to be given Government, avail itself of the services of National Guard of various States (Const. art. officers and the use of equipment belonging to 1, sec. 8, cl. 16). U. $. v. Dern (App. D. C., the military establishment of the United 1934), 74 F. (20) 485.
States. Government of militia is committed to And while so acting within its retained respective States until militia is called into powers, and consistently with exertion of national service (Const. art. 1, sec. 8, cl. national power and with rights of individuals 16). Id.
safe-guarded by the National Constitution, Each State has authority to train its able- the State is the sole judge of the means to be bodied male citizens of suitable age to fit employed and the amount of training to be them, if called upon, for service in the United exacted. Hamilton v. Regents (1934), 293 States Army, the State militia, or the local U. S. 245, affirming (Calif., 1934), 28 P. constabulary or políce; and for these purposes (20) 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 erans' hospital, constitutes a "purchase" Reno, Nevada, authorized by State statute, within the meaning of Article I, Section 8, for a nominal consideration of one dollar, of 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 Id. Council to make the conveyance. It follows
Reservations in a State act consenting to that the United States has exclusive juris- the acquisition of lands by the Government, diction over the site thus acquired. (Aug.
of the right to serve process and to resume 25, 1937) 39 Op. Atty. Gen, No. 21.
full jurisdiction if the United States ceases Acceptance of cession.-Acceptance of ces
to own the land, are not incompatible with sion of State may be implied from use, and
Federal requirements under Article 1, Section grant for military purposes does not restrict the Government's title to that use. Columbia
8. Clause 17, of the Constitution. (April 12, River Packers' Ass'n, Inc., v. U. S. (C. C. A.,
1938) 39 Op. Atty. Gen. No. 42. 1928), 29 F. (20) 91.
State, when authorizing cession of jurisReservations by State.-Service of process diction over lands acquired therein by United on lands ceded to Federal Government by States, held empowered to limit by statute State with reservation of right to serve proc- conditions of purchase and to retain coness therein, does not interfere with suprem- current jurisdiction for purpose of executing acy of United States over such lands (14 process, and statute became part of contract Stat. 396). Manlove v. McDermott (Pa., of purchase whether expressly made so or 1932), 162 A. 278.
not (Comp. Gen. Laws 1927, secs. 5, 7, 11 ; Service of summons on navy lieutenant Const. art. 1). Valverde v. Valverde (Fla., in navy yard, without commanding officer's 1935), 164 So. 287. leave held not Invalid so as to deprive court That husband was not citizen or resident of jurisdiction of person served. Id.
of State, except in so far as military duty Service of summons on navy lieutenant required his residence on military reservation in navy yard by sheriff entering with com- ceded to United States subject to statute mandant's permission, held not invalid be- whereby State retained concurrent jurisdiccause made while lieutenant was standing tion for purpose of executing process, did not beside his ship and engaged in work thereof. immunize him from process in wife's suit for Id.
separate maintenance, nor in any other civil The consent required by 944 post, is that or criminal action (Comp. Gen. Laws 1927, contemplated and spoken of in Article I. secs. 5, 7, 4989; Const. U. S. art. 1, sec. 8). section 8, clause 17, of the Constitution, and Id. must be free from qualifications, conditions, Where the United States purchases lands or reservations inconsistent with the exercise by consent of Legislature of the State wherein by Congress of "exclusive legislation" over they are situated for other purposes than the place ceded. Provisions in the State act erection of forts, magazines, arsenals, dockof cession that Federal construction shall be yards, and other needful buildings under the subject to State labor and health laws, and Constitution, the State, on ceding jurisdicthat the State may tax private property on tion to the United States, may impose condithe premises not belonging to the United tions not inconsistent with purpose of acquiStates, are incompatible with exclusive juris- sition. Const. art. 1, sec. 8. Rainier Nat. diction and do not meet the requirements of Park Co. v. Martin (1937), 23 F. Supp. 60 this section, (1935) 38 Op. Atty. Gen. 341. (affirmed per curiam, (1938) 302 U. S. 661).
There is no objection to the reservation, Effect of cession.-N. Y. Laws 1896, c. in a State act ceding lands to the Govern- | 391, and N. Y. Laws, 1929, c. 242, as they ment, of the right to tax private property have been respectively amended, express the and to serve process on the affected premises, consent of the legislature of the State of New provided such reservations are not incon- York to the acquisition of land by the United sistent with the effective use of the lands by States within their respective limitations. the Government. (1935) 38 Op. Atty. Gen. Act of 1899 should be complied with in 216.
the matter of sites, not exceeding 2 acres in The United States, owning land set aside extent, for "post offices and other governas a national park within the boundaries of mental offices" in cities or villages, as has a State, may constitutionally accept from been done in the past; and Act of 1896, supra, the State a cession of jurisdiction over it. should be complied with in the matter of The jurisdiction ceded need not be exclusive other acquisitions of land embraced within but may be limited by reservations of powers the scope of its language. (1929) 36 Op. in the State, such as the power to tax persons Atty. Gen. 86. and their property on the land included Federal Government, when acquiring terriCollins v. Yosemite Park & Curry Co. (1938), tory from State, takes territory subject to all 304 U. S. 518; reversing (D. C., 1937) 20 F. State laws applicable to ceded territory at Supp. 1009.
time of cession, not contrary to Federal laws, It is not essential to valid acquisition of until Congress passes laws inconsistent with Jurisdiction by cession from a State that the State law (State Law, sec. 29, subd. 18; land involved shall be acquired by the United Const. U. S. art. 1. sec. 8, cl. 17). In re States for one of the purposes specified in Kernan (N. Y., 1936), 4 N. E. (20) 737.
Where jurisdiction to grant writ of babeas | 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 (eded 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 State as such has all sovereign powers of jurisdiction, New York court, and not Fed- independent nations over all persons and eral court, had jurisdiction to entertain things within its territorial limits, subject to mother's habeas corpus proceeding to inquire ljmitations and restraints of Federal Coninto cause of father's detention of infant stitution. Id. daughter on reservation (State Law, sec. 29, Where United States purchases land with subd. 18; Civil Practice Act, sec. 64; Const. State's consent, or State cedes exclusive JurisU. S. art. 1, sec. 8, cl. 17). Id.
diction to United States, land acquires terriWhere a tract within a State has been torial status and ceases to be part of State, acquired by the United States for a navy either territorially or jurisdictionally, but yard, with the consent of the State legisla- | in absence of clearly expressed intent, it will ture and the legislature bas ceded to the not be presumed that State bas relinquished United States the State's jurisdiction over it Its sovereignty (Const. U. S. art. 1, sec. 8, saving only the right to serve process, a State cl. 17). Id. law subsequently passed to regulate rights Where the United States purchases lands and remedies for death by negligence can by consent of Legislature of the State wherehave no operation over the tract save as it in they are situated for erection of forts, may be adopted by Congress. Murray v. magazines, arsenals, dockyards, and other Gerrick & Co. (1934), 291 U. S. 315; affirming needful buildings under the Constitution, fed(Wash., 1933), 20 P. (20) 591.
eral jurisdiction is exclusive of all State The exclusive power of legislation granted authority. Const. art. 1, sec. 8. Rainier Nat. to Congress under Constitution with respect Park Co. v. Martin (1937), 23 F. Supp. 60 to the District of Columbia and all places (affirmed per curiam (1938) 302 U. S. 661). purchased for the erection of forts and other Where the United States purchases lands Deedful buildings is an exclusive jurisdiction by consent of Legislature of the State wberein (Const. U. S. art. 1, sec. 8, cl. 17). Em- they are situated for other purposes than ployers' Liability Assur. Corp. v. Dileo (Mass., erection of forts, magazines, arsenals, dock1937), 10 N. E. (20) 251.
yards, and other needful buildings under the After a cession of jurisdiction of territory Constitution, lands and buildings erected from one sovereign to another, the existing thereon for uses of federal government will be municipal laws, including statutes relating free from any interference and jurisdiction to title to property or intended for protection of the State which would impair their effecof private rights, continue in force until tive use for purposes for which the property Changed by the new sovereign. Id.
was acquired. Const. art. 1, sec. 8. Id. Lands within State's Jurisdiction may be. The provisions of the Washington Work. come subject to exclusive jurisdiction of men's Compensation Act which were effective United States by purchase by United States when jurisdiction of federal government over for purposes specified in Constitution with Mount Rainier National Park became effective State's consent or by cession of exclusive continued in force within the park until jurisdiction to United States by State (Const. repealed or superseded by federal law, but C. S. art. 1, sec. 8, cl. 17). Ryan v. State provisions of such act enacted thereafter did (Wash., 1936), 61 P. (2d) 1276.
not become operative within the park (Rem. Where United States acquires land from Comp. Stat. sec. 7673 et seq.; Laws 1901, State for purposes specified in Constitution p. 192; 16 U. 8. C. A. secs. 91, 95). State v. be purchase with State's consent, federal Rainier Nat. Park Co. (Wash., 1937), 74 P, jurisdiction is exclusive in such area for all (20) 464. purposes (Const. U, S. art. 1, sec. 8, cl. 17). Reversion for breach.-- Where the State of Id.
Delaware ceded to the United States title Where United States acquires land from and jurisdiction to a tract of land "upon the State for purposes specified in Constitution express condition that a Quarantine Station other than
purchase with State's consent, shall be located and maintained thereon by federal jurisdiction is exclusive only to extent the United States," and the tract is no longer of purposes for which land is held (Const. used for a quarantine station or any related U. S. art. 1, sec. 8. cl. 17). Id.
purpose, Held, That the conveyance created Where United States acquires land from estate upon condition subsequent, and State for purpose not specified in Constitu- that title became and still is vested in the tion by purchase with State's consent, United
United States in the absence of appropriate States has such jurisdiction over land as action by the State to revest title in the State. may be ceded to it by State (Copst. U. $. (July 22, 1937) 39 Op. Atty. Gen, No. 17. art. 1, sec. 8. cl. 17). Id.
Scope of clause.—The term “other needful Where United States acquires land from buildings” as used in this section and in State for purposes not specified in Constitu- State acts of cession, should be construed
liberally. Lands acquired for the erection Offices, residences, and business places in of Naval air stations are held to be covered townsite purchased by United States in conthereby. (1935) 38 Op. Atty. Gen. 185. nection with dam project with state's consent
Words "needful buildings," as used in and under exclusive jurisdiction of United constitutional provision authorizing Congress States held “needful buildings" for completo exercise exclusive legislation over places tion of project within constitutional provipurchased for erection of forts, magazines, sion describing purposes for which United arsenals, dockyards, and other needful build-States may acquire lands by purchase with ings, mean buildings on lands ceded by a State's consent, even if dam was not such a State to United States and over which federal building, as respects county's power to tax government acquires exclusive jurisdiction personalty in townsite (Const. U. S. art. 1, (Const. U. S. art. 1, sec. 8). Tagge v. Gulzow sec. 8, cl. 17). State v. Bruce (Mont., 1937), (Neb., 1937), 271 N. W. 803.
69 P. (20) 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 Con- or to create a liability on the part of the Govgress to prescribe the basis on which a claim ernment where no legal liability in fact exists, shall be adjudicated, that is, the conditions and to waive any legal defense on the part of under which a citizen may be compensated for the Government, is no longer subject to ques. losses suffered under a contract, or otherwise, / tion. 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 3.
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. Clausen.
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 Jate 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. (20) reservation to district, whereupon county 659.
superintendent must make order attaching Statute providing that any military reser- reservation (70 Ok]. St. Ann. sec. 779, St. ration adjoining independent school district 1931, sec. 7114, as amended; Const. U. S. shall with consent of Secretary of War be art. 1, sec. 8). Id.