umbia should be deemed to be a "State" within the meaning of article
III, section 2.[1354]
It is not disputed that the District is a part of "the United States,"
and that its residents are entitled to the privilege of trial by jury,
whether in civil or criminal cases,[1355] and of presentment by a grand
jury.[1356] Legislation which is restrictive of the rights of liberty
and property in the District must find justification in facts adequate
to support like legislation by a State in the exercise of its police
power.[1357]
LEGISLATIVE POWER OVER DISTRICT OF COLUMBIA
Congress possesses over the District of Columbia the blended powers of a
local and national legislature.[1358] Even when legislating for the
District, Congress remains the legislature of the Union, with the result
that it may give its enactments nation-wide operations so far as is
"necessary and proper" in order to make them locally effective. As was
pointed out in Cohens _v._ Virginia,[1359] if a felon escapes from the
State in which the crime was committed, the government of such State
cannot pursue him into another State and there apprehend him, "but must
demand him from the executive power of that other State." On the other
hand, a felon escaping from the District of Columbia or any other place
subject to the exclusive power of Congress, may be apprehended by the
National Government anywhere in the United States. "And the reason,"
declared Chief Justice Marshall, "is, that Congress is not a local
legislature, but exercises this particular power, [of exclusive
legislation], like all its other powers, in its high character, as the
legislature of the Union."[1360]
TAXATION IN THE DISTRICT
Persons and property within the District of Columbia are subject to
taxation by Congress under both the first and seventeenth clauses of
this section. A general tax levied throughout the United States may be
applied to the District of Columbia upon the same conditions as
elsewhere;--e.g., if a direct tax, it must be levied in proportion to
the census.[1361] But in laying taxes for District purposes only,
"Congress, like any State legislature unrestricted by constitutional
provisions, may its discretion wholly exempt certain classes of property
from taxation, or may tax them at a lower rate than other
property."[1362] It is no impediment to the exercise of either power
that residents of the District lack the suffrage and have politically no
voice in the expend
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