Define and Punish Clause

E285004

The Define and Punish Clause is a constitutional provision granting Congress the power to establish and enforce laws against offenses such as piracy, felonies on the high seas, and violations of the law of nations.

All labels observed (3)

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf constitutional clause ⓘ
provision of the United States Constitution ⓘ
alsoKnownAs Offenses against the Law of Nations Clause ⓘ
Piracies and Felonies Clause ⓘ
appliesTo felonies committed on the high seas ⓘ
offenses against the law of nations ⓘ
piracy under international law ⓘ
authorizes Congress to define and punish felonies committed on the high seas ⓘ
Congress to define and punish offenses against the law of nations ⓘ
Congress to define and punish piracies ⓘ
bindingOn all branches of the federal government ⓘ
categoryOfOffenses felonies on the high seas ⓘ
offenses against the law of nations ⓘ
piracies ⓘ
citationForm U.S. Const. art. I, § 8, cl. 10 ⓘ
concerns crimes with an international or extraterritorial dimension ⓘ
constitutionalCategory enumerated power of Congress ⓘ
constitutionalFunction allocation of criminal lawmaking authority between federal government and states ⓘ
country United States of America ⓘ
distinguishedFrom Commerce Clause ⓘ
Define and Punish power over counterfeiting (Article I, Section 8, Clause 6) ⓘ
empowers Congress to incorporate customary international law offenses into federal law ⓘ
enables Congress to align U.S. criminal law with international legal norms ⓘ
foundInText Article I, Section 8, Clause 10 of the United States Constitution ⓘ
grantsAuthorityLevel plenary power within its subject matter ⓘ
grantsPowerTo United States Congress ⓘ
historicalContext drafted at the Constitutional Convention of 1787 ⓘ
historicalPurpose to remedy weaknesses of the Articles of Confederation regarding offenses against the law of nations ⓘ
influencedBy British admiralty and maritime law traditions ⓘ
law of nations doctrine in 18th-century international law ⓘ
interpretedBy Supreme Court of the United States ⓘ
legalDomain federal criminal law ⓘ
international law ⓘ
maritime law ⓘ
locatedInDocument United States Constitution ⓘ
partOf Article I of the United States Constitution ⓘ
Article I, Section 8 of the United States Constitution ⓘ
purpose to allocate power over certain international and maritime crimes to Congress ⓘ
to ensure national uniformity in defining and punishing piracy and related offenses ⓘ
relatedTo Congressional power over admiralty and maritime jurisdiction ⓘ
Congressional power over foreign affairs ⓘ
Necessary and Proper Clause ⓘ
Offenses Clause ⓘ
scopeIncludes universal jurisdiction over piracy ⓘ
text To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ⓘ
usedAsBasisFor federal statutes criminalizing crimes on the high seas ⓘ
federal statutes criminalizing piracy ⓘ
federal statutes implementing international law obligations ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Define and Punish Clause → alsoKnownAs → Piracies and Felonies Clause ⓘ
linked to: Define and Punish Clause
Define and Punish Clause → relatedTo → Offenses Clause ⓘ
linked to: Define and Punish Clause