Also known as: gens · jus gentium · law of nations
Written by attorneys · grounded in primary & secondary sources — see below
The peoples or nations of the world, particularly the civilized peoples. The term supplies the foundation for the law of nations that Congress may define and punish under its enumerated powers.
Select any source to read its text and confirm it supports the definition.
Congress enacts a uniform carbon-adjustment duty triggered only when goods cross state lines. Greta Goldstein, whose factory ships products into neighboring states, challenges the levy as exceeding federal authority. The measure is upheld because it regulates commerce among the several states and applies uniformly to all gentes engaged in that flow.
The President issues an order restricting exports of military equipment to certain foreign buyers. Grandview Holdings, a domestic manufacturer, sues claiming the order invades congressional power. The court sustains the action as an exercise of inherent authority over relations with other gentes.
New York grants an exclusive license for steamboat operation on interstate waters. Gateway Bank finances a competing vessel whose owner is fined for violating the license. The Supreme Court holds that only Congress may regulate commerce with foreign nations and among the several gentes.
A military court tries the wife of a service member stationed abroad for murder. The defendant, Gloria Green, argues that the proceeding violates constitutional limits on federal power. The Court rules that Congress cannot extend court-martial jurisdiction over civilians even when the offense occurs among foreign gentes.
Maine employees sue a federal naval shipyard for overtime under state law. The United States removes the case, asserting sovereign immunity. The Court holds that Congress may not abrogate state immunity from private suits by citizens of other gentes without clear textual authorization.
Nigerian plaintiffs sue a foreign oil company in U.S. court for alleged abuses committed overseas. The defendant, Royal Dutch Petroleum Co., moves to dismiss for lack of jurisdiction. The Court concludes that the statute does not reach claims by aliens against foreign corporations for conduct occurring among other gentes.
It denotes the foreign nations and peoples whose relations with the United States fall under Congress's power to define and punish offenses against the law of nations.
The statute grants jurisdiction only for torts by aliens that violate the law of nations, which concerns relations among gentes rather than purely domestic conduct.
Yes. Powers tied to the law of nations and commerce among the several states reach only matters that affect relations with other gentes or interstate movement.
…was legitimate ,' there is no necessity to appeal to the oracles of the jus commune for the correctness of that doctrine. The law of nations, regarding man as a social animal, pronounces all commerce legitimate in a state of peace, until prohibited by positive law. The power of a sovereign state over commerce, therefore, amounts…