CHAPTER 301 > Sec. 4001.
Sec. 4001. - Limitation
on detention; control of prisons
(a) No citizen
shall be imprisoned or otherwise detained by the United States except pursuant
to an Act of Congress.
Federal Rules of Criminal Procedure, Rule 26, Notes of Advisory Committee
on Rules, paragraph 2, in the middle:
"On the other hand since
all Federal crimes are statutory
United States v. Hudson, 11 U.S. 32, 3 L.ed. 259 (1812)] and all criminal
prosecutions in the Federal courts are based on acts of Congress, . . ."
Rule 54(c) of the Federal Rules of Criminal Procedure, wherein is defined
"Act of Congress." Rule 54(c) states the following. The language below
was removed from this rule and removed by committee around Dec. 2002:
"Act of Congress" includes
any act of Congress locally applicable to and in force in the District
of Columbia, in Puerto Rico, in a territory
or in an insular possession."
[for a listing of the above locations covered by "Acts of Congress", refer to
Title 48 U.S.C.]
Lyeth v. Hoey,
305 US 188, 59 S. Ct 155 (1938):
"In dealing with the meaning and application of an act of Congress enacted
in the exercise of its plenary power under the Constitution to tax income
and to grant exemptions from that tax, it is the will of Congress which
controls, and the expression of its will, in the absence of language evidencing
a different purpose, should be interpreted 'so as to give a uniform application
to a nation-wide scheme of taxation'. Burnet v. Harmel,
287 U.S. 103, 110 , 53 S.Ct. 74, 77. Congress establishes its own criteria
and the state law may control only when the federal taxing act by express
language or necessary implication makes its operation dependent upon state
law. Burnet v. Harmel, supra. See Burk-Waggoner Oil Association v. Hopkins,
269 U.S. 110, 111 , 114 S., 46 S.Ct. 48, 49; Weiss v. Wiener,
279 U.S. 333 , 49 S.Ct. 337; Morrissey v. Commissioner,
296 U.S. 344, 356 , 56 S.Ct. 289, 294. Compare Crooks v. Harrelson,
282 U.S. 55, 59 , 51 S.Ct. 49, 50; Poe v. Seaborn,
282 U.S. 101, 109 , 110 S., 51 S.Ct. 58; Blair v. Commissioner,
300 U.S. 5, 9 , 10 S., 57 S.Ct. 330, 331."
305 US 188, 59 S. Ct 155 (1938)]