A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
Monroe, James, 1758-1831; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
By the sixteenth of the enumerated powers, Article I, section 8,
Congress are authorized to exercise exclusive legislation in all cases
whatever over such district as may by cession of particular States and
the acceptance of Congress, not exceeding 10 miles square, 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, dockyards, and other useful buildings. If any doubt
existed on a view of other parts of the Constitution respecting the
decision which ought to be formed on the question under consideration,
I should suppose that this clause would completely remove it. It has been
shown after the most liberal construction of all the enumerated powers
of the General Government that the territory within the limits of the
respective States belonged to them; that the United States had no right
under the powers granted to them, with the exception specified in this
grant, to any the smallest portion of territory within a State, all
those powers operating on a different principle and having their full
effect without impairing in the slightest degree this right in the
States; that those powers were in every instance means to ends, which
being accomplished left the subject--that is, the property, in which
light only land could be regarded--where it was before, under the
jurisdiction and subject to the laws of the State governments.
The second number of the clause, which is applicable to military
and naval purposes alone, claims particular attention here. It fully
confirms the view taken of the other enumerated powers, for had it been
intended to include in the right to declare war, by way of incident,
any right of jurisdiction or legislation over territory within a State,
it would have been done as to fortifications, magazines, arsenals,
dockyards, and other needful buildings. By specifically granting the
right as to such small portions of territory as might be necessary for
these purposes and on certain conditions, minutely and well defined,
it is manifest that it was not intended to grant it as to any other
portion on any condition for any purpose or in any manner whatsoever.
Public-domain text, read in full here on John Shaqi.
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