three
commissioners, appointed by the president, but controlled by congressional
legislation.
[2] The propriety of the general government having exclusive authority
over such places is too obvious to need comment. Crimes committed there
are tried in the United States District Courts, but according to the laws
of the state or territory.
The state in making the cession usually reserves the right to serve civil
and criminal writs upon persons found within the ceded territory, in order
that such places may not become asylums for fugitives from justice.
_Clause 18.--Implied Powers._
_To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
constitution in the government of the United States, or in any department
or officer thereof._
This clause does not grant any new power. "It is merely a declaration, to
remove all uncertainty, that every power is to be so interpreted, as to
include suitable means to carry it into execution." [Footnote: Story.]
It will be noticed that the powers of congress are enumerated, not
defined, in the constitution; and the above clause has given rise to the
doctrine of "implied powers," the basis of many political controversies.
Following are samples of "implied powers:"
By clause 2, congress has power "to borrow money on the credit of the
United States." Implied in this, is the power to issue securities or
evidences of debt, such as treasury notes. "To increase the credit of the
United States, congress may make such evidences of debt a legal tender for
debts, public and private." [Footnote: Lalor's Cylopedia of Political
Science.]
Congress has power (clause 11) "to declare war." By implication it has
power to prosecute the war "by all the legitimate methods known to
international law." To that end, it may confiscate the property of public
enemies, foreign or domestic; it may confiscate, therefore, their slaves.
(See Emancipation Proclamation, page 362. For a hint of what congress
_might_ do, see Among the Lawmakers, p. 296.)
_Pertinent Questions._
1. In what two ways may the first part of the first clause be interpreted?
In what ways does the government levy taxes? How much of the money paid to
the local treasurer goes to the United States? Have you ever paid a U.S.
tax? Did you ever buy a pound of nails? Do you remember the "stamps" that
used to be on match boxes? How came they there? Was th
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