The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
within this area, having never parted with the sovereign right to do
so.[93] And any other powers or rights of the State, over this area,
not explicitly granted to the United States by Kansas in the deed of
cession remain intact in the State; its original jurisdiction as a
State, save as explicitly modified by that deed, remains.
39. The power of Congress to govern territory, implied in the right
to acquire it, and given to Congress in the Constitution,[94] to
whatever other limitation it may be subject, the extent of which
must be decided as questions arise, does not require that body to
enact for ceded territory, not made a part of the United States
by Congressional action, a system of laws which shall include the
right of trial by jury, and that the Constitution does not, without
legislation, and of its own force, carry such right to territory so
situated.[95]
The principle laid down by the Supreme Court recognizes two kinds or
classes of ceded territory: one, “made a part of the United States
by congressional action,” that is, incorporated into the United
States; the other, unincorporated. While congressional authority over
either class is supreme, when the Constitution and laws of the United
States are extended by Congress over a territory, they cannot be
withdrawn,[96] for if the Constitution could be withdrawn directly it
could be nullified indirectly by acts passed inconsistent with it. The
Constitution would thus cease to exist as such and would become of no
greater authority than an ordinary act of Congress.[97] The decision
of the Court as to the power of Congress over territory of the United
States makes Congress absolute in the exercise of its power. The Court
does enumerate the limitations on Congress, in such control, but leaves
each limitation to be determined as the issue involving it shall
arise.[98] The safeguard against congressional absolutism is thus
expressed by the Court:
There are certain principles of natural justice inherent in the
Anglo-Saxon character, which need no expression in constitutions
or statutes to give them effect, or to secure dependencies against
legislation manifestly hostile to their real interests.[99]
CHAPTER IV
THE LAW OF TAXATION
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