Federal enclave

Federal enclave is a legal term used to describe a geographic area within a state that is under the direct and exclusive jurisdiction of the federal government. These areas are created when the federal government purchases or otherwise acquires land within a state for the purpose of constructing federal buildings or facilities.

History

The concept of a federal enclave originated from the U.S. Constitution, specifically Article I, Section 8, Clause 17, also known as the Enclave Clause. This clause gives Congress the power to exercise exclusive legislation over the District of Columbia and other places purchased by the consent of the state legislature for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Characteristics

Federal enclaves are distinct from other federal lands such as national parks, national forests, and BLM lands, which are managed by the federal government but are not considered to be under its exclusive jurisdiction. In a federal enclave, state and local laws generally do not apply unless they have been specifically adopted by the federal government.

Examples

Examples of federal enclaves include military bases, federal courthouses, federal buildings in the District of Columbia, and national monuments. Some of the most well-known federal enclaves include the Pentagon, the FBI headquarters, and the U.S. Capitol.

Legal implications

The legal status of federal enclaves has implications for a variety of issues, including criminal jurisdiction, taxation, and civil rights. For example, crimes committed within a federal enclave are typically prosecuted under federal law, not state law. Similarly, residents of federal enclaves may be exempt from certain state and local taxes.

See also

• Federalism in the United States
• Supremacy Clause
• United States federal Indian law and policy