18 USC §10:
The term ''interstate commerce'', as used in this title, includes commerce between one State, Territory, Possession, or the District of Columbia and another State, Territory, Possession, or the District of Columbia. The term ''foreign commerce'', as used in this title, includes commerce with a foreign country.
This is a pretty clear definition - and it will get clearer as this article proceeds!
Interestingly, "interstate commerce" and "foreign commerce" are redefined just for chapter 44. For use within chapter 44, they are no longer two separate items, but have been combined into one legal term, to wit:
18 USC §921(2)
The term ''interstate or foreign commerce'' includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
[emphasis and underlining added]
You should recognize that as a legal term, the phrase "interstate or foreign commerce" does not mean what logic might tell you it means. You must remember that it means only what Congress says it means and nothing more!
We have had to ask ourselves why the general definition provided in §10 was inadequate for use within chapter 44. If §10 was a good enough definition for all of Title 18 generally, why is it not adequate for chapter 44?
The only distinction we find is in the use of the words "...any place in a State...". Why is that change so essential? Why go through the hassle of altering the definition just to add two little words? On the surface it doesn't seem to make sense - or does it? Maybe we should ask what "place within a State" might the definition be referring to, and why would that distinction be important? Let's explore!
Title 18, §13 is a general provision section (which means it is operative throughout the Title) and is entitled "Laws of States adopted for areas within Federal jurisdiction". What does that title mean? One of the things it means is that there is "State jurisdiction" and there is "federal jurisdiction", and the two are not the same.
Before we explore §13 any further, we need to take a brief side trip and look at §7. We need to do this because §7 is specifically referred to in §13, and we'll get lost if we don't understand exactly what is being referred to in §7.
Section 7 defines the "Special maritime and territorial jurisdiction of the United States". Although the definition is a bit long and wordy, here is the essential part in reference to what we are discussing in this article:
18 USC §7(3):
Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
The basic meaning of that definition is any location that is not under State sovereignty, but solely under federal sovereignty, or otherwise within federal jurisdiction. It must be remembered that such federal "places" exist within the states of the Union.
One should take note of the common language, and common meaning, between 18 USC §7, and Article I, Section 8, Clause 17 of the US Constitution:
To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same [federal place] shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings
Now that you can clearly see where §7 is taking us, let's go back to §13; specifically, subsection (a).
[Editor's Note: We've removed some of the excessive wordiness from §13(a) that might tend to confuse the meaning for the first-time reader.]
18 USC §13(a):
Whoever within...any places...provided in section 7 of this title...not within the jurisdiction of any State...is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State...in which such place is situated...