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Show 54 reservation, the state may not exercise its taxing jurisdic- tion.280 On the other hand, lands purchased by the United States without consent of the state are not subject to any jurisdic- tional control by the state which "would impair or destroy their effective use for the purpose" for which they were ac- quired.231 Over such lands, the United States has the rights of an ordinary proprietor, except so far as its exclusive juris- diction is necessary "for the execution of the powers of the general government." 232 War Power In addition to its constitutional power to "declare War," Congress also has express power to levy taxes and to appropri- ate funds to provide for the "common Defence" of the United States.233 While the scope of these powers as they relate to water resources remains largely unexplored by the judiciary, the 1936 Ashwander case casts some light on the subject.23* Under the 1916 National Defense Act, Congress authorized the President to cause an investigation to be made to deter- mine the best means for production of nitrates and other products for munitions of war; to designate for use by the United States such sites on rivers or public lands as he deemed necessary to carry out the purposes of the Act; to construct, maintain, and operate on any such site navigation improve- ments and power houses as he deemed best for generation of power for production of nitrates or other products for muni- tions of war and useful in the manufacture of fertilizers and other useful products.238 The Act also specified that products of such plants were to be used for military purposes and that any surplus was to be disposed of under regulations prescribed by the President. Under this authorization, construction of 230 Standard Oil Co. of California v. California, 291 U. S. 242, 244 (1934). 881 Fort Leavenworth R. R. Co. v. Lowe, 114 U. S. 525, 539 (1885). 232114 U. S. at 527. m U. S. Const., Art. I, § 8, els. 1,11; Art. I, § 9, cl. 7. 884 Ashwander v. Tennessee Valley Authority, 297 U. S. 288 (1936). 235 Act of June 3, 1916, § 124, 39 Stat. 166, 215, 50 U. S. C. 79. |