Federal enclave
Encyclopedia
In United States law, a "federal enclave" is a parcel of federal property within a state
that is under the "Special Maritime and Territorial Jurisdiciton of the United States." As of 1960, the latest comprehensive inquiry, only seven percent of federal property had enclave status, of which four percent (almost all in Alaska and Hawaii) was under "concurrent" state jurisdiction. The remaining three percent, on which some State laws do not apply, is scattered almost at random throughout the United States. In 1960, there were about 5,000 enclaves, with about one million people living on them. These numbers would undoubtedly be lower today because many of these areas were military bases that have been closed and transferred out of federal ownership.
Since late 1950s, it has been an official federal policy that the states should have full concurrent jurisdiction
on all federal enclaves, an approach endorsed by legal experts.
has held that the collection of city and state taxes from federal enclave residents is permissible, establishing the "Friction Not Fiction" doctrine.
Residents of federal enclaves have the right to vote in the elections of the state
in which the federal enclave is situated. This is based on the "Friction Not Fiction" doctrine, and was challenged by a Maryland law in 1968, the subject of the case Evans v. Cornman
. The case was decided by the Supreme Court in 1970, and overruled the Maryland law, upholding the voting rights of enclave residents and establishing that they should be regarded as residents of the state in question.
Federal enclaves are to be distinguished from federal territories and possessions administered under Article IV, Section 3, Clause 2, which once included all the territory that has since become states, and still includes insular territories like Puerto Rico
, the United States Virgin Islands
, Guam
, American Samoa
, and a few others. Historically, the Congress
has not exercised a full array of state-like powers over such territories, but tried to organize them into self-governing entities, as was done with the Northwest Ordinance
and the Southwest Ordinance.
As a result of the Enclave Clause, whenever the state government consented to the purchase of property by the federal government for a needful building, the United States obtained exclusive legislative jurisdiction
over that parcel of property. In 1841, the Congress
enacted a general law requiring state consent for all federal building projects. Moreover, the Attorneys General of the United States ruled that, in consenting to purchase, the States could reserve no jurisdiction except for the service of criminal and civil process."
ruled that there were two additional ways in which the United States could acquire federal enclaves: (1) the states could "cede" legislative jurisdiction to the United States, and (2) the United States could "reserve" legislative jurisdiction at the time of statehood. The Supreme Court added that these "cessions" and "reservations" were not limited to Enclave Clause ("needful building") purposes.
Because state laws did not apply to federal enclaves, Congress provided a few basic criminal laws in the Federal Crimes Act of 1790, and later adopted a series of Assimilative Crimes Acts, "federalizing" each state's crimes by making them prosecutable in federal courts.
to govern these enclaves. So in 1885, the Supreme Court held that the "international law
rule," applied. That rule provides that when a territory is transferred from one government to another (such as when a federal enclave is ceded), laws for the protection of private rights continue in force until abrogated or changed by the new government.
Under the doctrine of extraterritoriality
, a federal enclave was treated as a "state within a state" until 1953, and therefore enclave residents were not residents of the state. They could not vote in state elections, attend public schools, obtain a divorce in state courts, or call upon state law enforcement officers to protect them from criminals.
To distinguish earlier "exclusive" jurisdiction enclaves from those acquired after the state amendments, the newer enclaves were labeled "partial" jurisdiction, and the label "concurrent" was given to enclaves over which the state had full jurisdiction. Finally, non-enclave federal property was called, "proprietorial."
, the United States acquired many new military installations, and the Secretary of War
sent numerous letters to state governors accepting whatever jurisdiction the state offered, often without describing the location or boundaries of these military installations.
, holding that all enclave residents have a right to vote in state elections.
In 1950, without addressing the jurisdictional issue directly, Congress passed legislation providing federal financial aid to schools in localities impacted by federal facilities. Six years later, in 1956, the government reported that because of this federal aid, "not a single child is being denied the right to a public school education because of his residence on a federal enclave."
Earlier, courts in Kansas
, Georgia
, and New Mexico
held they had no jurisdiction to grant divorces to residents of federal enclaves. But after each state amended its divorce statutes to permit such divorces, court decisions in each state upheld the validity of these statutes. Today, every state treats enclave residents as residents of the state for purposes of divorce proceedings.
doctrine was abolished by the Supreme Court in 1953 in Howard v. Commissioners. The city of Louisville, Kentucky
, had annexed a federal enclave into its city limits, thereby allowing the collection of city taxes from enclave residents under the Buck Act. Residents of the enclave argued that the annexation was improper because the federal enclave "ceased to be a part of Kentucky when the United States assumed exclusive jurisdiction over it." The Supreme Court rejected the argument, holding that the annexation did not interfere with federal functions, and what was important was "friction, not fiction":
on all federal enclaves. In 1969, the Public Land Law Review Commission
published a report on developments since the 1956 and 1957 reports, observing that those reports had been successful in changing federal agency policy and limiting further acquisition of federal enclaves. The 1969 report said that in 1960, there were about 5,000 enclaves with about a million people living on them. These numbers have never been updated, but they would certainly be lower today, because many military bases have been closed, and jurisdiction over most off-base housing areas has been transferred to the states.
unanimously held that enclave residents have a right to vote in state elections. In reaching this result, Evans reiterated the "friction not fiction" doctrine of Howard v. Commissioners, and reaffirmed that enclave residents should be regarded as residents of the state.
Evans also unanimously reaffirmed the holding in Offutt Housing that Congress could give the states jurisdiction without relinquishing enclave status. The court relied in part on the fact that Congress had authorized the states to enforce many state laws on federal enclaves.
Some criminal laws have also been authorized by Congress to apply on federal enclaves, including "immigrant stations" and Job Corps
Centers. In addition, the states' power to enforce their tax laws on federal enclaves necessarily includes the power to prosecute enclave residents criminally for violating those laws.
Under Evans, Congress has the power, if it chooses, to authorize the enforcement of all state laws on federal enclaves. It need not "retrocede" or "relinquish" federal jurisdiction. Instead, it can—to use Offutt Housing's language—simply "permit" all state laws to apply to all federal property regardless of "federal enclave" status.
In addition, the "friction not fiction" doctrine indicates that the courts can approve the application state laws to federal enclaves to the same extent that they apply to the other 97 percent of federal lands (i.e., subject only to the limitations of the Supremacy Clause
). With regard to the states' ability unilaterally to apply their laws on federal enclaves, Evans noted that enclave residents:
laws, public welfare laws, laws relating to mentally ill persons, juvenile delinquency
, protection of abused and neglected children, and domestic violence
restraining order
s.
s, liquor laws, personal property taxes
, some utility regulations, human rights
laws, anti-discrimination law
s, racial discrimination laws, whistleblower
laws, State Occupational Safety and Health (OSHA) laws, wage
and hour
laws, and right-to-work law
s.
doctrine that was abolished by Howard and Evans. They often rely on dicta
in the Supreme Court's
1973 "Mississippi Tax I opinion" (United States v. State Tax Commission of Mississippi) which ignored Howard and Evans and instead favorably quoted the district court's assertion that enclaves are "foreign land" and "federal islands which no longer constitute any part of Mississippi nor function under its control."
Nevertheless, Mississippi Tax I's holding—that the Twenty-first Amendment
did not authorize a state "markup" on liquor—made it unnecessary to discuss enclave jurisdiction, so the "foreign lands" language was quite unnecessary. On the other hand, in 1990, the Supreme Court treated Mississippi Tax I as an enclave case, citing it for the proposition that a state has no authority to regulate a transaction between an out-of-state liquor supplier and a federal military base under exclusive federal jurisdiction.
Still, no court has suggested that Mississippi Tax I changed the "friction not fiction" rule of Howard and Evans. The Texas Court of Appeals
noted the conflict and followed the "friction not fiction" rule in holding that the federal enclave at Red River Army Depot
was part of Texas
for state tax purposes. In upholding a state tax on aircraft parts, the court distinguished Mississippi Tax I on the ground that unlike the liquor markup in that case, in Aviall Services, Inc. v. Tarrant Appraisal Dist.:
Similarly, the California Court of Appeal has acknowledged Mississippi Tax I's statements about the enclave clause with regard to state liquor regulations, but nevertheless relied on Howard and Evans to hold that the enclave clause did not prevent the application of state laws protecting dependent children.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
that is under the "Special Maritime and Territorial Jurisdiciton of the United States." As of 1960, the latest comprehensive inquiry, only seven percent of federal property had enclave status, of which four percent (almost all in Alaska and Hawaii) was under "concurrent" state jurisdiction. The remaining three percent, on which some State laws do not apply, is scattered almost at random throughout the United States. In 1960, there were about 5,000 enclaves, with about one million people living on them. These numbers would undoubtedly be lower today because many of these areas were military bases that have been closed and transferred out of federal ownership.
Since late 1950s, it has been an official federal policy that the states should have full concurrent jurisdiction
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
on all federal enclaves, an approach endorsed by legal experts.
Relation to other subdivisions
Since the 1953 Howard v. Commissioners case the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has held that the collection of city and state taxes from federal enclave residents is permissible, establishing the "Friction Not Fiction" doctrine.
Residents of federal enclaves have the right to vote in the elections of the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
in which the federal enclave is situated. This is based on the "Friction Not Fiction" doctrine, and was challenged by a Maryland law in 1968, the subject of the case Evans v. Cornman
Evans v. Cornman
Evans v. Cornman, 398 U.S. 419 was a United States Supreme Court case, which ruled that to deny people living in federal enclaves the right to vote is a violation of their right to Equal Protection under the Fourteenth Amendment.-Prior History:...
. The case was decided by the Supreme Court in 1970, and overruled the Maryland law, upholding the voting rights of enclave residents and establishing that they should be regarded as residents of the state in question.
Federal enclaves are to be distinguished from federal territories and possessions administered under Article IV, Section 3, Clause 2, which once included all the territory that has since become states, and still includes insular territories like Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, the United States Virgin Islands
United States Virgin Islands
The Virgin Islands of the United States are a group of islands in the Caribbean that are an insular area of the United States. The islands are geographically part of the Virgin Islands archipelago and are located in the Leeward Islands of the Lesser Antilles.The U.S...
, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, and a few others. Historically, the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has not exercised a full array of state-like powers over such territories, but tried to organize them into self-governing entities, as was done with the Northwest Ordinance
Northwest Ordinance
The Northwest Ordinance was an act of the Congress of the Confederation of the United States, passed July 13, 1787...
and the Southwest Ordinance.
Early developments
The first federal enclaves were created by the same clause of the Constitution that created the District of Columbia. That clause provides for the United States to exercise "exclusive Legislation" over the new Seat of Government and "like authority" over:As a result of the Enclave Clause, whenever the state government consented to the purchase of property by the federal government for a needful building, the United States obtained exclusive legislative jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over that parcel of property. In 1841, the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enacted a general law requiring state consent for all federal building projects. Moreover, the Attorneys General of the United States ruled that, in consenting to purchase, the States could reserve no jurisdiction except for the service of criminal and civil process."
1885: Cession and reservation as alternatives
In 1885, the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that there were two additional ways in which the United States could acquire federal enclaves: (1) the states could "cede" legislative jurisdiction to the United States, and (2) the United States could "reserve" legislative jurisdiction at the time of statehood. The Supreme Court added that these "cessions" and "reservations" were not limited to Enclave Clause ("needful building") purposes.
Because state laws did not apply to federal enclaves, Congress provided a few basic criminal laws in the Federal Crimes Act of 1790, and later adopted a series of Assimilative Crimes Acts, "federalizing" each state's crimes by making them prosecutable in federal courts.
International law rule
Congress provided no civil lawsCivil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
to govern these enclaves. So in 1885, the Supreme Court held that the "international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
rule," applied. That rule provides that when a territory is transferred from one government to another (such as when a federal enclave is ceded), laws for the protection of private rights continue in force until abrogated or changed by the new government.
Under the doctrine of extraterritoriality
Extraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
, a federal enclave was treated as a "state within a state" until 1953, and therefore enclave residents were not residents of the state. They could not vote in state elections, attend public schools, obtain a divorce in state courts, or call upon state law enforcement officers to protect them from criminals.
After 1900: Congress begins to authorize state laws
Nevertheless, Congress gradually authorized the enforcement of some state laws on federal enclaves. Thus, in 1928, Congress made applicable to federal enclaves state laws governing wrongful death and personal injuries. And in the late 1930s Congress authorized states to apply their state taxes on fuel, income, sales and use (the "Buck Act"), and state laws governing worker's compensation and unemployment insurance.1937: Supreme Court allows states to reserve jurisdiction
In 1937, because of concern over the lack of state law on federal enclaves, the Supreme Court held that the states could reserve some jurisdiction to themselves in consenting to federal legislative jurisdiction. In response, the states began to amend their "consent" and "cession" statutes to reserve state jurisdiction, including the power to tax enclave residents.To distinguish earlier "exclusive" jurisdiction enclaves from those acquired after the state amendments, the newer enclaves were labeled "partial" jurisdiction, and the label "concurrent" was given to enclaves over which the state had full jurisdiction. Finally, non-enclave federal property was called, "proprietorial."
February 1, 1940: Congress discourages new enclaves
Effective February 1, 1940, Congress repealed the 1841 statute requiring state consent to federal purchases, and instead said that the acquisition of federal property after that date, would no longer result in the transfer of jurisdiction to the United States unless the head of the federal agency in charge of the property filed a notice with the State Governor accepting whatever jurisdiction was offered by the state. However, during World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the United States acquired many new military installations, and the Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
sent numerous letters to state governors accepting whatever jurisdiction the state offered, often without describing the location or boundaries of these military installations.
Post-WWII: Courts apply state laws without retrocession
After World War II, the states began to apply state laws to enclave residents without waiting for Congress to act. Thus, in 1952, a California court gave enclave residents the right to vote in state elections, rejecting the "extraterritoriality" doctrine, and holding that enclave residents were residents of the state. In 1970, the Supreme Court agreed, in Evans v. CornmanEvans v. Cornman
Evans v. Cornman, 398 U.S. 419 was a United States Supreme Court case, which ruled that to deny people living in federal enclaves the right to vote is a violation of their right to Equal Protection under the Fourteenth Amendment.-Prior History:...
, holding that all enclave residents have a right to vote in state elections.
In 1950, without addressing the jurisdictional issue directly, Congress passed legislation providing federal financial aid to schools in localities impacted by federal facilities. Six years later, in 1956, the government reported that because of this federal aid, "not a single child is being denied the right to a public school education because of his residence on a federal enclave."
Earlier, courts in Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, and New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
held they had no jurisdiction to grant divorces to residents of federal enclaves. But after each state amended its divorce statutes to permit such divorces, court decisions in each state upheld the validity of these statutes. Today, every state treats enclave residents as residents of the state for purposes of divorce proceedings.
1953: Abolishment of the extraterritoriality doctrine
The extraterritorialityExtraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
doctrine was abolished by the Supreme Court in 1953 in Howard v. Commissioners. The city of Louisville, Kentucky
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...
, had annexed a federal enclave into its city limits, thereby allowing the collection of city taxes from enclave residents under the Buck Act. Residents of the enclave argued that the annexation was improper because the federal enclave "ceased to be a part of Kentucky when the United States assumed exclusive jurisdiction over it." The Supreme Court rejected the argument, holding that the annexation did not interfere with federal functions, and what was important was "friction, not fiction":
1956: Congress can authorize state law without retrocession
In 1956, three years after Howard v. Commissioners, the Supreme Court in Offutt Housing Co. v. Sarpy County upheld Congress' power to authorize the application of state laws to federal enclaves without a "relinquishment" of jurisdiction. In affirming the state's right to tax a private builder of military housing, the Supreme Court emphasized that the Congress' authorization for state taxation on enclave property was not a retrocession: "We do not hold that Congress has relinquished this power over these areas. We hold only that Congress, in the exercise of this power, has permitted such state taxation as is involved in the present case."1956: Concurrent jurisdiction
Federal government reports in 1956 and 1957 concluded that the states should have full concurrent jurisdictionConcurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
on all federal enclaves. In 1969, the Public Land Law Review Commission
Public Land Law Review Commission
The Public Land Law Review Commission was established on September 19, 1964 in order to review federal public land laws and regulations and to recommend a public land policy...
published a report on developments since the 1956 and 1957 reports, observing that those reports had been successful in changing federal agency policy and limiting further acquisition of federal enclaves. The 1969 report said that in 1960, there were about 5,000 enclaves with about a million people living on them. These numbers have never been updated, but they would certainly be lower today, because many military bases have been closed, and jurisdiction over most off-base housing areas has been transferred to the states.
1970: "Friction Not Fiction" reiterated
In 1970, a year after the 1969 Report, the Supreme Court in Evans v. CornmanEvans v. Cornman
Evans v. Cornman, 398 U.S. 419 was a United States Supreme Court case, which ruled that to deny people living in federal enclaves the right to vote is a violation of their right to Equal Protection under the Fourteenth Amendment.-Prior History:...
unanimously held that enclave residents have a right to vote in state elections. In reaching this result, Evans reiterated the "friction not fiction" doctrine of Howard v. Commissioners, and reaffirmed that enclave residents should be regarded as residents of the state.
Evans also unanimously reaffirmed the holding in Offutt Housing that Congress could give the states jurisdiction without relinquishing enclave status. The court relied in part on the fact that Congress had authorized the states to enforce many state laws on federal enclaves.
Some criminal laws have also been authorized by Congress to apply on federal enclaves, including "immigrant stations" and Job Corps
Job Corps
Job Corps is a program administered by the United States Department of Labor that offers free-of-charge education and vocational training to youth ages 16 to 24.-Mission and purpose:...
Centers. In addition, the states' power to enforce their tax laws on federal enclaves necessarily includes the power to prosecute enclave residents criminally for violating those laws.
Under Evans, Congress has the power, if it chooses, to authorize the enforcement of all state laws on federal enclaves. It need not "retrocede" or "relinquish" federal jurisdiction. Instead, it can—to use Offutt Housing's language—simply "permit" all state laws to apply to all federal property regardless of "federal enclave" status.
In addition, the "friction not fiction" doctrine indicates that the courts can approve the application state laws to federal enclaves to the same extent that they apply to the other 97 percent of federal lands (i.e., subject only to the limitations of the Supremacy Clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
). With regard to the states' ability unilaterally to apply their laws on federal enclaves, Evans noted that enclave residents:
State laws enforceable
In addition to these laws mentioned by Evans, such court-applied laws include state probateProbate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
laws, public welfare laws, laws relating to mentally ill persons, juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, protection of abused and neglected children, and domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
restraining order
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
s.
State laws not enforceable
Nevertheless, there are other cases which hold that some state laws do not apply on enclaves, including most state criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
s, liquor laws, personal property taxes
Property tax in the United States
Most local governments in the United States impose a property tax as a principal source of revenue. This tax may be imposed on real estate or personal property. The tax is nearly always computed as the fair market value of the property times an assessment ratio times a tax rate. Values are...
, some utility regulations, human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
laws, anti-discrimination law
Anti-discrimination law
Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes...
s, racial discrimination laws, whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
laws, State Occupational Safety and Health (OSHA) laws, wage
Wage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
and hour
Working time
Working time is the period of time that an individual spends at paid occupational labor. Unpaid labors such as personal housework are not considered part of the working week...
laws, and right-to-work law
Right-to-work law
Right-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the federal Taft–Hartley Act, which prohibit agreements between labor unions and employers that make membership, payment of union dues, or fees a condition of...
s.
Effect of Mississippi Tax I opinion
Many of these decisions are based on the extraterritorialityExtraterritoriality
Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
doctrine that was abolished by Howard and Evans. They often rely on dicta
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it....
in the Supreme Court's
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
1973 "Mississippi Tax I opinion" (United States v. State Tax Commission of Mississippi) which ignored Howard and Evans and instead favorably quoted the district court's assertion that enclaves are "foreign land" and "federal islands which no longer constitute any part of Mississippi nor function under its control."
Nevertheless, Mississippi Tax I's holding—that the Twenty-first Amendment
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
did not authorize a state "markup" on liquor—made it unnecessary to discuss enclave jurisdiction, so the "foreign lands" language was quite unnecessary. On the other hand, in 1990, the Supreme Court treated Mississippi Tax I as an enclave case, citing it for the proposition that a state has no authority to regulate a transaction between an out-of-state liquor supplier and a federal military base under exclusive federal jurisdiction.
Still, no court has suggested that Mississippi Tax I changed the "friction not fiction" rule of Howard and Evans. The Texas Court of Appeals
Texas Courts of Appeals
The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to...
noted the conflict and followed the "friction not fiction" rule in holding that the federal enclave at Red River Army Depot
Red River Army Depot
The Red River Army Depot is an facility located west of Texarkana, Texas in Bowie County. The facility has over of storage capacity. RRAD was activated in 1941 to create an ammunition storage facility. The depot was supposed to be deactivated after the findings of the 1995 Base Realignment...
was part of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
for state tax purposes. In upholding a state tax on aircraft parts, the court distinguished Mississippi Tax I on the ground that unlike the liquor markup in that case, in Aviall Services, Inc. v. Tarrant Appraisal Dist.:
Similarly, the California Court of Appeal has acknowledged Mississippi Tax I's statements about the enclave clause with regard to state liquor regulations, but nevertheless relied on Howard and Evans to hold that the enclave clause did not prevent the application of state laws protecting dependent children.