180 WRIGHT— LIMITATIONS UPON NATIONAL POWERS, 



or civil government*'' untrammeled by constitutional guarantees. 

 The constitutional guarantees do not extend to annexed territory 

 until it has been incorporated by act of Congress.*'^ 



The government may give its consuls, diplomatic and naval 

 officers authority over American citizens abroad, even to the extent 

 of criminal convictions without jury or other constitutional re- 

 quirements.'*^ By a recognized custom at the time the Xlllth 

 Amendment was adopted, seamen may be compelled to fulfill their 

 contracts against their will and by force without violation of the 

 prohibition against slavery and involuntary servitude.*^ 



Though the Supreme Court has said,^'' " The war power of the 

 United States, like its other powers ... is subject to applicable 

 constitutional limitations," practice indicates that few such limita- 

 tions are applicable.^^ Military discipline may be enforced within 

 the army and navy by courts martial exempt from constitutional 

 restrictions and subject only to the articles of war enacted, by. 

 Congress. ^^ Armies may be raised by draft without violation of 

 constitutional guarantees, "^^ and by express exception of the Vth 

 Amendment persons in the service may be held to answer for 

 infamous crimes without presentment or indictment of grand jury. 

 Foreign territory, or even domestic territory in rebellion may be 



46 Dorr V. U. S., 195 U. S. 138. 



4T Ibid. 



*^ In re Ross, 140 U. S. 453 (1890). 



49 Robertson v. Baldwin, 165 U. S. 275 (1897). This rule was altered by 

 the La Follette Seaman's act of 1915, sec. 16, 38 Stat. 1184, Comp. Stat., sec. 

 8382a. 



^0 Brandeis, J., in Hamilton v. Ky. Distilleries and Warehouse Co., 251 

 U. S. 146, 156. See also Ruppert r. Caffey, 251 U. S. 264. 



51 " In my judgment, the power exists without any restrictions whatso- 

 ever, save those which are imposed by such express prohibitions of the 

 Constitution, and such fundamental restraints upon governmental action, 

 as are obviously and clearly intended to apply at all times and under all 

 conditions. There is, in this field of governmental activity therefore, little, 

 if any occasion to employ those niceties of logical analysis which have crys- 

 tallized into canons of statutory and constitutional construction, the appli- 

 cation of which tends to elucidate the meaning of language otherwise ob- 

 scure." Sutherland, Constitutional Power and World Affairs, N. Y., 1919, p. 

 94. Senator Sutherland's language doubtless elucidates the obscurities con- 

 nected with the limitations of the war power. 



52 Dynes v. Hoover, 26 How. 65. 



53 Selective Draft Cases, 245 U. S. 366. 



