to furnish a sufficient
justification for the punishment of the counterfeiting within the United
States, of notes, bonds and other securities of foreign
governments.[1199]

EXTRATERRITORIAL REACH OF THE POWER

Since this clause contains the only specific grant of power to be found
in the Constitution for the punishment of offenses outside the
territorial limits of the United States, a lower federal court held in
1932[1200] that the general grant of admiralty and maritime jurisdiction
by article III, section 2, could not be construed as extending either
the legislative or judicial power of the United States to cover offenses
committed on vessels outside the United States but not on the high seas.
Reversing that decision, the Supreme Court held that this provision
"cannot be deemed to be a limitation on the powers, either legislative
or judicial, conferred on the National Government by article III, Sec. 2.
The two clauses are the result of separate steps independently taken in
the Convention, by which the jurisdiction in admiralty, previously
divided between the Confederation and the States, was transferred to the
National Government. It would be a surprising result, and one plainly
not anticipated by the framers or justified by principles which ought to
govern the interpretation of a constitution devoted to the
redistribution of governmental powers, if part of them were lost in the
process of transfer. To construe the one clause as limiting rather than
supplementing the other would be to ignore their history, and without
effecting any discernible purpose of their enactment, to deny to both
the States and the National Government powers which were common
attributes of sovereignty before the adoption of the Constitution. The
result would be to deny to both the power to define and punish crimes of
less gravity than felonies committed on vessels of the United States
while on the high seas, and crimes of every grade committed on them
while in foreign territorial waters."[1201] Within the meaning of this
section an offense is committed on the high seas even where the vessel
on which it occurs is lying at anchor on the road in the territorial
waters of another country.[1202]

Clauses 11, 12, 13, and 14. _The Congress shall have power_ * * *:

To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water.

To raise and support Armies, but no Appropriation of Money to that Use