Jurisdiction (Chapter 2) Notes
Federal Jurisdiction to Enact Criminal Laws
Jurisdiction is the power to create and enforce laws.
Federalism gives broad power to the states to make and enforce laws.
The federal government must rely on a specific grant of power in the Constitution to pass criminal laws.
The federalist structure creates distinct spheres of authority for state and federal governments, with federal authority typically derived from enumerated powers or necessary and proper clauses.
Commerce Clause and Federal Power (1 of 4)
The Commerce Clause in Article I, Section 8 references three kinds of “commerce” over which Congress shall have the power to enact laws.
For example, if an activity involves more than one state, Congress may regulate it by either criminal or civil laws.
Federal power to pass criminal laws falls into three additional areas:
Crimes committed in places beyond the jurisdiction of any state
Crimes that interfere with the activities of the federal government
Crimes committed against federal officers
Commerce Clause and Federal Power (2 of 4) – Additional Areas (2)
Federal crimes may be used to assist law enforcement when suspected criminals are outside a state’s borders, including:
Unlawful Flight Statute (Fugitive Felon Act)
Federal Kidnapping
Federal Conspiracy
RICO (Racketeer Influenced and Corrupt Organizations)
Commerce Clause and Federal Power (3 of 4) – Enclave and Enforcement (3)
The federal government owns and controls up to of all the land in the United States in the form of territories and federal enclaves.
Federal enclaves are lands such as military installations, national parks, and federal buildings under federal control.
The Assimilative Crimes Act allows an enclave to incorporate the laws of the surrounding state.
Extradition is the removal of a person from one jurisdiction to another so they can face charges in the requesting jurisdiction.
Since the number of federal criminal laws has increased, with a notable emphasis on white-collar crimes.
Nation-to-Nation Jurisdiction (1 of 4)
Because statutes give many nations jurisdiction over crimes, situations could exist where several nations have concurrent jurisdiction over the same act.
Article I, Section 8, Clause 9 of the U.S. Constitution provides that “The Congress shall have Power … to define and punish Piracies and Felonies committed on the high Seas and Offenses Against the Law of Nations.”
The Treaty of Rome, ratified in July , created the world’s first permanent war crimes court, the International Criminal Court (ICC), which sits at The Hague. The ICC has the power to investigate and prosecute people accused of genocide, war crimes, and crimes against humanity.
Nation-to-Nation Jurisdiction (2 of 4) – Territorial Waters and EEZ
Each nation has established territorial jurisdiction in the waters and airspace around it.
The United States claims sovereignty over territorial waters extending from the United States and its possessions and an “economic zone” that extends from its shores.
Outside that zone begins the high seas.
Nation-to-Nation Jurisdiction (3 of 4) – Stop and Detention Authority
Vessels within the territorial waters or on the high seas may be stopped under any of the following circumstances:
When there is reasonable suspicion or probable cause to believe that contraband such as illegal drugs exist or other criminal activity is occurring
If a ship or vessel is without nationality (stateless)
With consent or a statement of no objection from the foreign nation where the vessel is registered
Nation-to-Nation Jurisdiction (4 of 4) – Admiralty and Maritime Jurisdiction
Article III, Section 2 confers “admiralty and maritime” jurisdiction on the federal courts. Congress can thus make laws, including criminal laws, that are covered by that jurisdiction.
Under the admiralty jurisdiction, Congress can make laws, including criminal laws, applicable to “navigable” waters within the United States.
Under maritime jurisdiction, criminal laws can be created to govern the conduct of persons (either Americans or aliens) aboard American ships or aircraft in the territorial waters, on the high seas.
The Military, Martial, and War Powers Jurisdiction of the Federal Government (1 of 2)
A person who enters U.S. military service becomes subject to the Uniform Code of Military Justice.
They can be tried for both military crimes (e.g., desertion, unauthorized absences, willful disobedience of orders) and civilian crimes (e.g., rape, murder, drug violations).
Civilians working with military units can also be subject to the Code of Military Justice.
Americans (military and civilian) who commit crimes in foreign countries are subject to prosecution before foreign courts.
The Military, Martial, or War Powers Jurisdiction (2 of 2) – National Guard and Posse Comitatus
National Guard troops can be used in disaster assistance, search and rescue missions, domestic terrorist events, civil disturbances, and other specific circumstances when needed to protect constitutional rights, to support a request from a state, or to enforce federal authority.
The 1878 Posse Comitatus Act makes it a federal offense to use military forces to execute the law without specific congressional authorization.
Indian Tribes within the United States (1 of 3)
Approximately Native Americans live in the United States, comprising recognized Indian tribes.
More than half of Native Americans live on reservations spread across states.
Indian tribes and lands have a form of limited sovereignty.
Indian tribal governments maintain Indian tribal courts and Indian police.
Indian Tribes within the United States (2 of 3) – Jurisdiction in Indian Country
Criminal jurisdiction over crimes committed in Indian Country is complex:
Some crimes are under the exclusive jurisdiction of tribal courts.
Other crimes are under federal or state jurisdiction.
Crimes by non-Indians against non-Indians are within the jurisdiction of the state where the crimes occurred, even if they took place on an Indian reservation.
Crimes that occur outside Indian territory are under state jurisdiction, even if the victim or defendant is an Indian.
If both the defendant and the victim are Indians, there is some authority for concurrent jurisdiction in Tribal Courts.
Indian Tribes within the United States (3 of 3) – General Crimes Act and Indian Major Crime Act
The General Crimes Act gives federal jurisdiction over any crime that occurs in Indian Country, except crimes by Indians against Indians in Indian Country, which are exclusively within Tribal jurisdiction.
The Indian Major Crime Act lists certain “major crimes” such as murder, rape, felony assault, and child abuse, as outside Tribal Court jurisdiction.
Other crimes where both defendant and victim are Indians occurring in Indian Country remain the exclusive jurisdiction of Tribal Courts.
Chapter Objectives (Learning Outcomes)
LO 1. Explain why a state has general power to make criminal laws and to prosecute those who violate the law.
LO 2. List four of the specific powers granted to the federal government to make criminal laws.
LO 3. Identify the boundaries of congressional power under the Commerce Clause to regulate actions through criminal laws.
LO 4. Explain the basis for an international court to claim jurisdiction over a person charged with a violation of international law.
LO 5. Describe the “Federal Domain.”
LO 6. Identify the jurisdiction of military courts.
LO 7. Describe the jurisdiction of Indian tribal courts.
Summary and Relevance
The framework blends federalism with national and international concerns, shaping how crimes are defined, prosecuted, and enforced across jurisdictions.
Key themes: limits of federal power, role of the Commerce Clause, extraterritorial reach, enclave and territorial concerns, maritime and military jurisdictions, and complex tribal sovereignty within Indian Country.
Practical implications include coordination among federal, state, tribal, and international authorities, extradition processes, and the evolving landscape of crime control (e.g., white-collar offenses, international tribunals).