1936. CRIME, Jurisdiction over.—
The
Constitution of the United States, * * * having
delegated to Congress a power to punish
treason, counterfeiting the securities and
current coin of the United States, piracies
and felonies committed on the high seas, and
offences against the law of nations, and no
other crimes whatsoever; and it being true, as
a general principle, and one of the amendments
to the Constitution having also declared,
that “the powers not delegated to
the United States by the Constitution, nor
prohibited by it to the States, are reserved
to the States respectively, or to the people,”
therefore the act of Congress, passed on the
14th day of July, 1798, and intituled, “An
Act in addition to the act intituled An Act
for the punishment of certain crimes against
the United States,” as also the act passed by
them on the—day of June, 1798, intituled,
“An Act to punish frauds committed on
the Bank of the United States” (and all
other acts which assume to create, define, or
punish crimes, other than those so enumerated
in the Constitution), are altogether void,
and of no force; and that the power to create,
define, and punish such other crimes is reserved,
and, of right, appertains solely and
exclusively to the respective States, each
within its own territory.—
Kentucky Resolutions. Washington ed. ix, 465.
Ford ed., vii, 292.
(1798)
