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
Define and Punish Clause
surface form: 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 of the U.S. Constitution
surface form: 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 U.S. Constitution
surface form: 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
Define and Punish Clause self-linksurface differs
surface form: 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 Define and Punish Clause
this entity surface form: Piracies and Felonies Clause
Define and Punish Clause relatedTo Define and Punish Clause self-linksurface differs
this entity surface form: Offenses Clause