Yale Law Journal, Vol. 9, No. 4 (Feb., 1900)

Where and to whom do the territorial laws of United States apply? This is discussed here.
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Yale Law Journal, Vol. 9, No. 4 (Feb., 1900)

Post by iamfreeru2 » Thu Jul 12, 2018 3:21 pm

The general principle is now well settled by legislative and executive action and judicial decision that—to quote the language of Mr. Justice Gray in Shively v. Bowlby, 152 U. S. 1, 48,—"the United States, having rightfully acquired the territories, and being the only government which can impose laws upon them, have the entire dominion and sovereignty, national and municipal, federal and State, over all the territories, so long as they remain in a territorial condition." This principle is more elaborately stated by Mr. Justice Bradley, speaking for the court in the case of Mormon Church v. United States, 136 U. S. 1, 42, as follows:
(emphasis added)

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Do those "places and waters, continental or insular," (a la 18 U.S.C. § 5. United States defined.) that are sold/granted via land patent remain in a territorial condition?
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Re: Yale Law Journal, Vol. 9, No. 4 (Feb., 1900)

Post by Logos » Sat Sep 07, 2019 5:34 am

Territory granted/sold via land patent is not in a "territorial condition". See the footnotes in the Memorandum in the forum's TJ Documents section.

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