Federal Jurisdiction: Important to Know When State Rights or Powers Prevents Fed from Exerting Too Much Power

The police power is vested in the States and not the federal government. See Wilkerson v. Rahrer, 140 U.S. 545, 554 (1891) (the police power “is a power originally and always belonging to the States, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive”);

 Bohon's Assignee v. Brown, 101 Ky. 354, 41 S.W. 273 (1897); John Woods & Sons v. Carl, 75 Ark. 328, 87 S.W. 621, 623 (1905); Southern Express Co. v. Whittle, 194 Ala. 406, 69 So.2d 652, 655 (1915); Shealey v. Southern Ry. Co., 127 S.C. 15, 120 S.E. 561, 562 (1924) 

(“The police power under the American constitutional system has been left to the states. It has always belonged to them and was not surrendered by them to the general government, nor directly restrained by the constitution of the United States * * *

 Congress has no general power to enact police regulations operative within the territorial limits of a state”); and McInerney v. Ervin, 46 So.2d 458, 463 (Fla. 1950).

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FEDERAL JURISDICTION

In Article 1, 8, cl. 17 of the U.S. Constitution, Congress was granted "exclusive jurisdiction" over federal buildings and properties located in the States in certain circumstances.  This provision in the constitution is very important, should be studied, and understood well by concerned Americans. To assist in such study, the below are particularly helpful.

Federal Jurisdiction Brief: This short brief explains what is federal jurisdiction via Art. 1, § 8, cl. 17 of the United States Constitution. To draft this brief, thousands of cases construing this part of the U.S. Constitution were read, about 450 were cataloged (as shown below) and then a small number of those, about 140, were referenced in this brief.

Supreme Court Cases: Here are cataloged short summaries of the most important or interesting cases decided by the U.S. Supreme Court concerning Art. 1, § 8, cl. 17.

Circuit Cases: This file catalogs the federal district and appellate court cases regarding federal jurisdiction, segregated by circuit.

State Cases: This file catalogs many of the state decisions concerning federal jurisdiction, segregated by state.

The Government Report: In 1956 and 1957, the federal government published a two part report on this issue, which you should read.

Treaties and Jurisdiction: To understand how many federal civil and criminal laws are made operative outside the "jurisdiction of the United States," knowledge of the field of treaty law is essential.

Joan Veon: This wonderful lady has lots of excellent information about the UN and Globalism.