Friday, July 25, 2025

Discussion on reason.com/volokh covers the insular cases and claims the feds have extensive authority over the territories under the territory clause(s). The territory clause in Art 4 Sec 3 Pp 2 says Congress may make needful RULES AND REGULATIONS and dispose of territory. Nothing grants the feds power to make laws or create states from or otherwise have police powers over territory. Those who calim so are FOS. In addition the BoR is latter law and supersedes ALL prior law that is contained in the original Constitution. THus those Rights enumerated as they aare cover folks living inthe territories. One should note that the Framers considered allowing Congress to create states from territory and negated that power. Thus Congress can dispose of territory and make needful rules and regs but cannot make laws, have police/marshals, or do any other thing in territories. All claims otherwise are from the imagination of those who make such claims. Article 4, Section 3 2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

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