Posted by Paul Andrew Mitchell, B.A., M.S. on September 16, 1998 at 23:18:31:
In Reply to: In the tradition of Chief Justice John Marshall (1755 - 1835) posted by Paul Andrew Mitchell, B.A., M.S. on September 16, 1998 at 22:25:09:
"These [territorial] courts then, are not Constitutional courts, in which the judicial power conferred by the Constitution on
the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue
of the general rights of that clause which enables Congress to make all needful rules and regulations, respecting the
territory belonging to the United States. The jurisdiction with which they are invested, is not a part of that judicial power
which is defined in the 3d article of the Constitution, but is conferred by Congress, in the execution of those general
powers which that body possesses over the territories of the United States. Although admiralty jurisdiction can be
exercised in the States in those courts only which are established in pursuance of the 3d article of the Constitution, the
same limitation does not extend to the territories. In legislating for them, Congress exercises the combined powers of the
general and of the State government."
American Insurance Co. vs. 356 Bales of Cotton, 1 Pet. 511 (1828)
Paul Mitchell comments:
C.J. John Marshall leaves no doubt about the
constitutional authority for the USDC.
It is Article IV, Section 3, Clause 2,
a/k/a the Territory Clause.
/s/ Paul Andrew Mitchell, B.A., M.S.
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