6838. POWERS, Delegated.—
The Constitution
of the United States * * * [has]
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 amend
ments 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”,
* * * the power to create, define, and
punish * * * 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)
