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Federal jurisdiction (United States)
The United States of America is a federal republic governed by the U.S. Constitution containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction. This government is variously known as the Union, the United States, or the federal government. Federal jurisdiction refers to the legal scope of the government's powers. Under the Constitution and various treaties, the legal jurisdiction of the United States includes territories and territorial waters.〔(Puerto Rico is a Territory of the United States ) Puerto Rico Report "'' The U.S. federal government has full responsibility for the conduct of foreign relations of all areas subject to United States jurisdiction, including all U.S. states, territories, and possessions.'' (Colin Powell), ''Gonzales v. Williams, 192 U.S. 1, 16 (1904). (a Puerto Rican native and resident born before the signing of the Treaty of Paris who was traveling to New York ) was not a passenger from a foreign port, and was a passenger “from territory or other place” subject to the jurisdiction of the United States.'', ''Nat. Bank v. Yankton County, 101 U.S. 129, 133 (1879). All territory within the jurisdiction of the United States not included in any State must necessarily be governed by or under the authority of Congress.'', ''Boumediene v. United States, 476 F.3d 981, 992 (D.C. Cir. 2007). (regard to Guantanamo Bay, ) Congress and the President have specifically disclaimed the sort of territorial jurisdiction they asserted in Puerto Rico ()'', ''Congressional Research Service (CRS), Political Status of Puerto Rico: Options for Congress, Report Number RL32933, May 29, 2008, pp. 8 – 10 and 18. Puerto Rico remains a territory of the United States, subject to congressional jurisdiction under the Territorial Clause of the U.S. Constitution.'', '' General Accounting Office, U.S. Insular Areas: Application of the U.S. Constitution, November 1997, Page 1. More than 4 million U.S. citizens and nationals live in insular areas (as “all territories over which the U.S. exercises sovereignty,” including Puerto Rico ) under the jurisdiction of the United States. The Territorial Clause of the Constitution authorizes the Congress to “make all needful Rules and Regulations respecting the Territory or other Property” of the United States. Relying on the Territorial Clause, the Congress has enacted legislation making some provisions of the Constitution explicitly applicable in the insular areas.'', ''Whenever a bill comes up that relates to Puerto Rico, it is referred to the committee on Resources. Why? Because the Committee on Resources has jurisdiction over Indian and insular affairs, meaning territories. Meaning no matter what we may say about the Supreme Court decisions, no matter what we may say about U.N. resolutions, the proof is in the pudding. We are sitting here debating this. We would not be debating this if there was a bilateral pact. If Puerto Rico really had the say in this matter, they would have said, “Hey, U.S. Congress, we don’t need you to give us the right to vote. We have the right to vote.” Puerto Rico could not do that because they are under the Territorial Clause of the United States Constitution, like it or not.''〕
== Legislative Branch ==
One aspect of federal jurisdiction is the extent of legislative power. Under the Constitution, Congress has power to legislate only in the areas that are delegated to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district (Washington, D.C.) and other territory ceded to the federal government by the states, such as for military installations.
Federal jurisdiction in this sense is important in criminal law because federal law does not supersede state criminal law. Congress has enacted the Assimilative Crimes Act (), which provides that any act that would have been a crime under the laws of the state in which a federal enclave is situated is also a federal crime. As most such enclaves are occupied by the military, military law is especially concerned with these enclaves, especially the issue of establishing who has jurisdiction and what type of jurisdiction. In such areas, the federal government may have proprietary jurisdiction (rights as landowner), concurrent jurisdiction (with federal and state law applicable), or exclusive jurisdiction over the land where an act was committed. Courts-martial involving military members subject to the Uniform Code of Military Justice apply regardless of location.
Article Four of the United States Constitution also states that the Congress has the power to enact laws ''respecting the Territory or other Property belonging to the United States.'' Federal jurisdiction exists over any territory thus subject to laws enacted by the Congress.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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