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territorial jurisdiction of Congress

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  • tthor.geo
    Lots of folks have looked for some reference to the powers of Congress within the states, so here it is: Quoted from 7A Am.Jur. 2d. AUTOMOBILES AND HIGHWAY
    Message 1 of 1 , Jun 25, 2004
      Lots of folks have looked for some reference to the powers of Congress
      within the states, so here it is:

      Quoted from 7A Am.Jur. 2d. AUTOMOBILES AND HIGHWAY TRAFFIC, sec. 16,
      p. 544:

      However, Congress has no general power to enact police regulations
      operative within the territorial limits of a state, and it generally
      cannot take the power to enact such regulations from the states or
      attempt any supervision over regulations of the states established
      under the police power. [17. U.S. v. Dewitt, 76 U.S. 41, 19 L. Ed. 593
      (1869).]
      . . .
      But if a subject comes within one of the enumerated powers granted to
      the federal government by the Constitution of the United States,
      Congress can legislate concerning the subject to provide regulations
      similar to those enacted in the states under the police power. [19.
      See 16A Am.Jur.2d. Constitutional Law sec. 381.]
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