The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
"When the United States ceased to be a part of the British empire, and
assumed the character of an independent nation, they became subject to
that system of rules which reason, morality, and custom had established
among civilized nations of Europe, as their public law. * * * The
faithful observance of this law is essential to national character,
* * *"[1191] These words of Chancellor Kent expressed the view of the
binding character of International Law which was generally accepted at
the time the Constitution was adopted. During the Revolutionary War,
Congress took cognizance of all matters arising under the law of nations
and professed obedience to that law.[1192] Under the Articles of
Confederation, it was given exclusive power to appoint courts for the
trial of piracies and felonies committed on the high seas, but no
provision was made for dealing with offenses against the law of
nations.[1193] The draft of the Constitution submitted to the Convention
of 1787 by its Committee of Detail empowered Congress "to declare the
law and punishment of piracies and felonies committed on the high seas,
and the punishment of counterfeiting the coin of the United States, and
of offences against the law of nations."[1194] In the debate on the
floor of the Convention the discussion turned on the question as to
whether the terms, "felonies" and the "law of nations," were
sufficiently precise to be generally understood. The view that these
terms were often so vague and indefinite as to require definition
eventually prevailed and Congress was authorized to define as well as
punish piracies, felonies and offenses against the law of nations.[1195]
DEFINITION OF OFFENSES
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