In re Proposal to Incorporate Town of Chesapeake/1 the West Virginia Supreme Court held constitutional a Hudson and Goodwin, 11 US 32 - Supreme Court 1812

"It has long been understood that `certain implied powers must necessarily result to our Courts of justice from the nature of their institution,'powers `which cannot be dispensed with in a Court, because they are necessary to the exercise of all others.'"

—this Court emphatically declared that the federal courts have no common-law jurisdiction in criminal cases.

The legislative authority of the Union must first make an act a crime, affix a punishment to it, and declare the Court that shall have jurisdiction of the offence

The Supreme Court has recognized that federal courts have certain implied powers that "are necessary to the exercise of all others."

"The inherent powers of federal courts are those which `are necessary to the exercise of all others.'"

Because these inherent powers have such potency and are governed by the court's own discretion, including the discretion "to fashion an appropriate sanction for conduct which abuses the judicial process," they "must be exercised with restraint."

"All*** Courts created by the general Government possess no jurisdiction but what is given them by the power that creates them."

And under our constitutional system, in which federal crimes are defined by statute rather than by common law

Peters argues the district court erred by failing to strike the sentencing allegations from the superceding indictment, thereby violating the longstanding separation of powers prohibition of a federal common law of crimes.