American Insurance Company v. Canter 1 Peters 511 (1828)

AuthorLeonard W. Levy
Pages83

Page 83

Although the Constitution authorizes Congress to govern the TERRITORIES of the United States, it does not authorize the acquisition of territories. Consequently THOMAS JEFFERSON had constitutional qualms when he acquired the Louisiana Territory by treaty. This case settled the authority of the United States to acquire territory by the WAR POWERS or TREATY POWER, and sustained the power of Congress to establish LEGISLATIVE COURTS with JURISDICTION extending beyond the JUDICIAL POWER OF THE UNITED STATES as defined by Article III, section 2.

LEONARD W. LEVY

(1986)

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