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Exclusive jurisdiction

“exclusive legislative jurisdiction“

as used in this report refers to the power

“to exercise exclusive legislation“

granted to the Congress by article I, section 8, clause 17, of the Constitution,

and to the like power which may be acquired by the

United States

through cession by a State, or by a

reservation

made by the

United States

through cession by a State, or by a

reservation

made by the

United States

in connection with the

admission of a State into the Union

In the exercise of such power as to an area in a State the

Federal Government

theoretically displaces the State in which the area is contained of all its

sovereign authority,

executive

and

judicial

as well as

legislative

By State and

Federal statutes

and judicial decisions, however, it is accepted that a

reservation

by a State of only the

right

to serve

criminal

and

civil

process in an area,

resulting from activities which occurred off the area, is not inconsistent with

exclusive legislative jurisdiction

The existence of

Federal retrocession statutes

has had the effect of eliminating any possibility of the

possession

by the

Federal Government

at this time of full

exclusive legislative jurisdiction,

since all States may exercise

jurisdiction

in consonance with such statutes notwithstanding that they cede

exclusive legislative jurisdiction

However, in view of a widespread use of the term

“exclusive legislative jurisdiction“

in this manner, the Committee for purposes of the instant study has applied the term to the situation wherein the

Federal Government

possess, by whichever method acquired, all the authority of the State, and in which the State concerned has not

reserved

to itself the

right exercise any authority

concurrently

with the

United States

except the

right

to serve

civil

or

criminal

process in the area

Because reservations

made by the States in granting

jurisdiction

to the

Federal Government

have varied so greatly, and in order to describe situations in which the

government

has received or accepted no

legislative jurisdiction

over property which it owns, the Committee has found it desirable to adopt three other terms which are in general use in reference to

jurisdictional status,

and in an effort at precision has defined these terms

While these definitions are based on judicial decisions and similar authorities, and on usage in

Government agencies,

it is desired to emphasize that they are made here only for the purposes

(13)

14

of this study, and that they are not purported as absolute criteria for interpreting

legislation

or

judicial

decisions, or for other purposes

By way of example the Assimilative Crimes Act, referred to at several points in this report, which by its terms is applicable to

areas under

exclusive

or

concurrent

jurisdiction,

in the usual case is applicable in areas here defined as under

partial jurisdiction

(Black’s Law Dictionary)
_____________________________________________
http://www.yourdictionary.com/exclusive-jurisdiction
_____________________________________________
http://definitions.uslegal.com/e/exclusive-jurisdiction/
_____________________________________________
http://www.law.cornell.edu/uscode/text/28/1251
_____________________________________________
http://thelawdictionary.org/district-courts/
_____________________________________________
http://thelawdictionary.org/magistrates-court/
_____________________________________________
http://thelawdictionary.org/court-of-common-pleas/
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