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
Congress may delegate to municipal authorities legislative functions
which are strictly local in character.[1364] It may confer upon them the
power to improve or repair streets, to assess adjacent property
therefor,[1365] and to regulate public markets.[1366] It may confirm
assessments previously made by the District government without authority
of law.[1367] But in Stoutenburgh _v._ Hennick,[1368] the Court held
that Congress would not, and did not intend to, delegate to the District
the power to impose a license tax on commercial agents who offered
merchandise for sale by sample, since such a license amounted to a
regulation of interstate commerce.
COURTS OF THE DISTRICT
In its capacity as a local legislature Congress may create courts for
the District of Columbia and may confer upon them powers and duties
which lie outside the judicial power vested in "constitutional" courts.
On appeal from an order of the District Public Utilities Commission, a
court for the District of Columbia may be empowered to modify
valuations, rates and regulations established by the Commission and to
make such orders as in its judgment the Commission should have made. But
inasmuch as the issuance of such orders is a legislative as
distinguished from a judicial function, the provision for an appeal from
them to the Supreme Court was held unconstitutional.[1369]
Despite the fact that Congress, acting under this clause, imposed
nonjudicial duties upon the Supreme Court and the Court of Appeals for
the District of Columbia, those tribunals were held to be constitutional
courts, established under article III, with the result that the
compensation of the judges thereof may not be diminished during their
continuance in office.[1370] Since the courts established for the
District are courts of the United States, their judgments stand upon the
same footing, so far as concerns the obligations created by them, as
domestic judgments of the States, wherever rendered and wherever sought
to be enforced.[1371]
Authority Over Places Purchased
"PLACES"
This clause has been broadly construed to cover all structures necessary
for carrying on the business of the National Government.[1372] It
includes post offices,[1373] a hospital and a hotel located in a
national park,[1374] and locks and dams for the improvement of
navigation.[1375] But it does not cover lands acquired for forests,
parks, ranges, wild life sanctuaries or flood control.[1376]
Nevertheless the Supreme Court has held that a State may convey, and
that Congress may accept, either exclusive or qualified jurisdiction
over property acquired within the geographical limits of a State, for
purposes other than those enumerated in Clause 17.[1377]
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