The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
131. Congress has power “to make all needful rules and regulations
respecting the territory and other property belonging to the United
States.”[342] This means the power to govern, a power necessary to
sovereignty, and the “inevitable consequence of the right to acquire
territory; or, as the jurisdiction over a Territory does not belong to
any State in the Union, its government lies by implication (if not by
necessity) with the United States.”[343]
In creating a territorial jurisdiction, Congress exercises, but does
not part with its powers. The power to govern Territories is not
conditioned. Such Territories
are but political subdivisions of the outlying dominion of the
United States. Their relation to the general government is much
the same as that which counties bear to the respective States, and
Congress may legislate for them as a State does for its municipal
organizations. The organic law (“enabling act”) for a Territory
takes the place of a constitution as the fundamental law of the
local government. It is obligatory on, and binds the territorial
authorities; but Congress is supreme, and for the purposes of
this department of its governmental authority, has all the powers
of the people of the United States, except such as have been
expressly, or by implication reserved in the prohibitions of the
Constitution.[344]
132. Congress has full and complete legislative authority over the
people of the Territories, and all departments of the territorial
government. It may do for the Territories what the people under the
Constitution of the United States may do for the States. That the
Supreme Court in 1901 gave a new meaning to the jurisdiction of
Congress over territory belonging to the United States is now a matter
of history. By that decision the power to govern is co-extensive with
the power to acquire territory,—and this means sovereignty. Territorial
acquisitions are wholly subject to the will of Congress. It may govern
them as it sees fit. States, not Territories, are guaranteed by the
United States “a republican form of government.” The word “citizens”
as used in the Constitution does not include inhabitants of such
Territories.[345]
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