ly, rules and regulations respecting a
particular subject, made by the legislative power of a country, can be
nothing but laws. Nor do the particular terms employed, in my
judgment, tend in any degree to restrict this legislative power. Power
granted to a Legislature to make all needful rules and regulations
respecting the territory, is a power to pass all needful laws
respecting it.

The word regulate, or regulation, is several times used in the
Constitution. It is used in the fourth section of the first article to
describe those laws of the States which prescribe the times, places,
and manner, of choosing Senators and Representatives; in the second
section of the fourth article, to designate the legislative action of
a State on the subject of fugitives from service, having a very close
relation to the matter of our present inquiry; in the second section
of the third article, to empower Congress to fix the extent of the
appellate jurisdiction of this court; and, finally, in the eighth
section of the first article are the words, "Congress shall have power
to regulate commerce."

It is unnecessary to describe the body of legislation which has been
enacted under this grant of power; its variety and extent are well
known. But it may be mentioned, in passing, that under this power to
regulate commerce, Congress has enacted a great system of municipal
laws, and extended it over the vessels and crews of the United States
on the high seas and in foreign ports, and even over citizens of the
United States resident in China; and has established judicatures, with
power to inflict even capital punishment within that country.

If, then, this clause does contain a power to legislate respecting the
territory, what are the limits of that power?

To this I answer, that, in common with all the other legislative
powers of Congress, it finds limits in the express prohibitions on
Congress not to do certain things; that, in the exercise of the
legislative power, Congress cannot pass an ex post facto law or bill
of attainder; and so in respect to each of the other prohibitions
contained in the Constitution.

Besides this, the rules and regulations must be needful. But
undoubtedly the question whether a particular rule or regulation be
needful, must be finally determined by Congress itself. Whether a law
be needful, is a legislative or political, not a judicial, question.
Whatever Congress deems needful is so, under the grant of power.