"It is observable that the power of exclusive legislation (which is jurisdiction) is united with cession of territory, which is to be the free act of the states. It is difficult to compare the two sections together, without feeling a conviction, not to be strengthened by any commentary on them, that, in describing the judicial power, the framers of our constitution had not in view any cession of territory; or, which is essentially the same, of general jurisdiction," 3 Wheat., at 388.
Thus, in Bevans, the Court established a principle that federal jurisdiction extends only over the areas wherein it possesses the power of exclusive legislation, and this is a principle incorporated into all subsequent decisions regarding the extent of federal jurisdiction. To hold otherwise would destroy the purpose, intent and meaning of the entire U.S. Constitution.
#TL08: U.S. Federal Jurisdiction
The USA PATRIOT Act and legislation implementing treaties on terrorist bombings and on financing terrorism enlarge the extent of federal extraterritorial criminal jurisdiction. The USA PATRIOT Act's contributions involve credit cards, money laundering, and the special maritime and territorial jurisdiction of the United States. Congress has enacted laws proscribing various common law crimes such as murder, robbery, or sexual assaults when committed within the special maritime and territorial jurisdiction of the United States, i.e., when committed aboard an American vessel or within a federal enclave. Whether federal enclaves in other countries are included within the special territorial jurisdiction of the United States is a question that divides the lower courts. The Act provides that the overseas establishments of federal governmental entities and residences of their staffs are within the special territorial jurisdiction of the United States for purposes of crimes committed by or against U.S. nationals.
https://www.policyarchive.org/handle/10207/1499
After the terrorist acts of September 11, 2001, President George W. Bush
authorized the creation of military tribunals to try individuals who gave assistance
to the attacks on New York City and Washington, D.C. The military order issued by
President Bush closely traced the model established by President Franklin D.
Roosevelt, who appointed a military tribunal in 1942 to try eight German saboteurs.
In Ex parte Quirin (1942), the Supreme Court unanimously upheld the jurisdiction
of Roosevelt’s tribunal.
The
Constitution vests in Congress the power to “constitute Tribunals inferior to the
supreme Court,” to “make rules for the Government and Regulation of the land and
naval Forces,” and to “define and punish Piracies and Felonies committed on the high
Seas, and Offences against the Law of Nations.” By enacting Articles of War,
Congress defined not only the procedures but also the punishments to be applied to
the field of military law.
http://www.fas.org/irp/crs/RL32458.pdf
§ 2441. War crimes
(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.
(b) Circumstances.— The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).
US CODE: Title 18,2441. War crimes
There is plenty of past instances throughout this nations history where individuals that have commited acts such as KSM has have been tried and "executed" by Military tribunals. This talk about how bringing them to trial will show the world the American Justice system fails to recognize this nations history in such matters as these. This nation has even put it's own citizens to death as a result of a Military Tribunals dating back to the civil war. Further if the acts committed by those who plotted, planned, and carried out such acts, are not acts committed on the high seas then I don't know what is. The bottom line here, is the decision to bring these scum to NY has little if anything to do with bringing this to a conclusion and has more to do with, what some want the world to think of us rather than justice. If this were about justice at all then the Justice department would have listened to the majority of the family members here and never considered this move.
