Federal enclave

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A federal enclave in United States law refers to a geographic territory and its associated legislative and judicial jurisdiction that is created out of a state under Art. I Sec. 8 Cl. 17 of the U.S. Constitution:

“

The Congress shall have Power ... To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

”

The District of Columbia was the first such federal enclave, but many more have been created since then, from large military bases to single buildings. An inventory of them as of 1954 was compiled in a report, Jurisdiction over Federal Areas within the States

Available historical evidence indicates the intent of the provision was for Congress to exercise state-like powers over such enclaves, although the rights recognized in the Constitution and Bill of Rights would restrict the exercise of such powers there.

Federal enclaves are to be distinguished from federal territories and possessions administered under Art. IV Sec. 3 Cl. 2, which once included all the territory that has since become states, and still includes insular territories like Puerto Rico, the Virgin Islands, Guam, American Samoa, and a few others. Historically, Congress has not exercised a full array of statelike powers over such territories, but tried to organize them into self-governing entities, as was done with the Northwest Ordinance and the Southwest Ordinance.

Such territorial jurisdictions bring controversy about where events have occurred that may be subject to either federal or state law, which legislation applies, and which courts have jurisdiction to try them.^[1]