Article IV, Section 3, Clause 2

The Federalist and Federalist essays

• quoted bySuggested
  Cassius 11, ¶ 1

  also provides, that Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property of the United States; and nothing in this constitution shall be construed as a prejudice to the claims of the United States, or any particular state.

  Cites "The 3d section, in article IV" and reproduces this clause closely.

• quoted bySuggested
  A Native of Virginia, Article IV, ¶ 8

  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.

  The paragraph prints Article IV, Section 3, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

• quoted byReviewed
  Federalist No. 43, ¶ 12

  “To dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, with a proviso, that nothing in the Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.

  Quotes this clause in quotation marks as the fifth of the fourth class of powers, giving its second part as "a proviso."

Other writings

• quoted bySuggested
  Virginia convention, June 13, 1788, ¶ 62

  In the 2d clause of the 3d section of the 4th article, Congress is empowered “to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States.” But it goes on, and provides that “nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or any particular state.” Is…

  The speaker cites "the 2d clause of the 3d section of the 4th article" and quotes it: Congress is empowered "to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States."

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 58

  …to injure itself: there was the same security with respect to the places purchased for the erection of forts, magazines, &c.; and as to the territory of the United States, the power of Congress only extended to make needful rules and regulations concerning it, without prejudicing the claim of any particular state, the right of territory not being given up; that the grant of those lands to the United States was for the general benefit of all the states, and not…

  The paragraph reports that "the power of Congress only extended to make needful rules and regulations concerning" the territory of the United States "without prejudicing the claim of any particular state", words close to those of Article IV, Section 3, second clause.

• quoted bySuggested
  Virginia convention, June 18, 1788, ¶ 52

  It provides that “nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.” And if this did not constitute security, it follows, from the nature of civil association, that no particular part shall sacrifice the whole.

  The speaker refers to "the last clause of the 4th article of the Constitution" and says "It provides that" "nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state."

• quoted bySuggested
  Virginia convention, June 19, 1788, ¶ 2

  This clause was inserted for the purpose of enabling Congress to dispose of, and make all needful rules and regulations respecting, the territory, or other property, belonging to the United States, and to ascertain clearly that the claims of particular states, respecting territory, should not be prejudiced by the alteration of government, but be on the same footing as before;…

  The paragraph speaks of "the clause which the honorable gentleman had cited as a security against a dismemberment of the empire" and says it was inserted for "enabling Congress to dispose of, and make all needful rules and regulations respecting, the territory, or other property, belonging to the United States"; the words are not in quotation marks.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Ashwander v. Tennessee Valley Authority (1936)297 U.S. 288, decided February 17, 1936

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtIV.S3.C2.1, ArtIV.S3.C2.2, pp. 1231, 1232.

On Article IV as a whole

• cited bySuggested
  New York convention, July 7, 1788, ¶ 1