land, and the Supreme Court upheld its right to do so.
The majority assumed that "the Government's unrestricted transfer of
property to nonfederal hands is a relinquishment of the exclusive
legislative power."[1386] In separate concurring opinions Chief Justice
Stone and Justice Frankfurter reserved judgment on the question of
territorial jurisdiction.[1387]

RESERVATION OF JURISDICTION BY STATES

For more than a century the Supreme Court kept alive, by repeated
dicta,[1388] the doubt expressed by Justice Story "whether Congress are
by the terms of the Constitution, at liberty to purchase lands for
forts, dockyards, etc., with the consent of a State legislature, where
such consent is so qualified that it will not justify the 'exclusive
legislation' of Congress there. It may well be doubted if such consent
be not utterly void."[1389] But when the issue was squarely presented in
1937, the Court ruled that where the United States purchases property
within a State with the consent of the latter, it is valid for the State
to convey, and for the United States to accept, "concurrent
jurisdiction" over such land, the State reserving to itself the right to
execute process "and such other jurisdiction and authority over the same
as is not inconsistent with the jurisdiction ceded to the United
States."[1390] The holding logically renders the second half of Clause
17 superfluous. In a companion case, the Court ruled further that even
if a general State statute purports to cede exclusive jurisdiction, such
jurisdiction does not pass unless the United States accepts it.[1391]

Clause 18. _The Congress shall have Power_ * * * 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.

The Coefficient or Elastic Clause

SCOPE OF INCIDENTAL POWERS

That this clause is an enlargement, not a constriction, of the powers
expressly granted to Congress, that it enables the lawmakers to select
any means reasonably adapted to effectuate those powers, was established
by Marshall's classic opinion in McCulloch _v._ Maryland.[1392] "Let the
end be legitimate," he wrote, "let it be within the scope of the
Constitution, and all means which are appropriate, which are plainly
adapted to that end, which are not prohibited, but consist with the
letter and spirit of t